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HomeMy WebLinkAbout02-1924HOLLY R. BRULIA, Plaintiff VS. TIMOTHY A. BRULIA, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW CUSTODY - HABEAS CORPUS COMPLAINT TO THE HONORABLE, JUDGES OF CUMBERLAND COUNTY: AND NOW, comes the above mentioned Plaintiff, by her lawful counsel, John J. Krafsig, Jr., Esquire, who makes the following request for full physical custody of minor children, by reason of the following: 1. The Plaintiff is an adult individual pre- sently residing at 30 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Timothy A. Brulia, an adult individual presently residing at Apartment D-102, 707 Hanover Manor, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff has full and physical custody of the following children, to wit: Scarlett A. D. Brulia, presently five (5) years of age, born October 24, 1996; and Grace O. Brulia, presently three (3) months of age, born December 27, 2001. Both - 1 - of the within mentioned children were not born out of wedlock. 4. The children are presently in the custody of the Plaintiff, Holly R. Brulia, at 30 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 5. During the past five (5) years the parties have resided with the child Scarlett and recently the child Grace, at 14 Altoona Avenue, Enola, Pennsylvania 17025. 6. The mother of the children is currently residing at 30 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025 and she is currently married to the Defendant. 7. The relationship of the Plaintiff to the said children, is that of Mother. 8. The Plaintiff currently resides with the following person: Plaintiff's Mother, Donna Liddick. 9. The relationship of the Defendant to the said children, is that of Father. 10. The Plaintiff has not participated as a party or witness or in any other capacity, in any other litigation con- cerning the custody of these children, in this or any other court. 11. The Plaintiff has no information as to any custody proceedings concerning the children, pending in a Court of the Commonwealth or any other state. 12. The Plaintiff does not know of a person not ~ party to these proceedings who has physical custody of the - 2 - children or claims to have custody or visitation rights with re- spect to the children. 13. The best interest and permanent welfare of the children would be best served by granting the relief requested, by reason of the following: The Plaintiff believes that in the best interest of the children, that restrictive visitation, supervised by Order of Court is necessary, by reason of the following matters, which involves, but is not all inclusive, to wit: The Defendant frequently strikes his head on the wall, when the child Scarlett is present; he throws himself on the floor, pounding his fists and feet with regularity, each and every month; he strikes his head with his shoe or slipper and threatens to pull a certain hutch that exists in their residence at 14 Altoona Avenue, Enola, Pennsylvania down upon himself; screams constantly and attempts to create an air of intimidation to the child and the Plaintiff; while the Plaintiff was pregnant, with second child Grace, who is pre- sently 3 months old, he pressed her to get an abortion; the child Scarlett suffers from ADHD, requiring regular treatment with a psychiatrist, Dr. Jobe, in Harrisburg, Pennsylvania; and Plaintiff reasonably believes that his air of intimidation and yelling, screaming and actions by the Defendant adds to the problems and condition of the said Scarlett, which requires supervised visitation by an Order of Court for the best interest and welfare of the children. Also, the child Grace being born prematurely, needs special addition and has medical problems because of the same, even though she is now 3 months old, she is not developed as a normal 3 month old; he ignores the said child, as he says he did not want the child and therefore also needs supervised visitation by an Order of Court for her best interest and welfare. 14. Each parent, whose parental rights to the children has not been terminated and the person who has physical - 3 - custody of the children has been named as party to this action, who is the Plaintiff. WHEREFORE, the Plaintiff requests the Court to grant full and complete physical custody of the within said children to her, subject to supervised restricted visitation. AND SHE WILL EVER PRAY; Respectfully submitted,  J. Kraf~i~,' Jr./JEs~e~ rney fo~/Plainti~f -- 1 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 Dated: April 10, 2002 - 4 - VERIFICATION AND NOW, to wit, this //~ day of April, 2002, I, Holly R. Brulia, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Complaint, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ,/ ~&l~ R. Br~ia, Plaintiff HOLLY R. BRULIA : PLAINTIFF : V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1924 CIVIL ACTION LAW TIMOTHY A. BRULIA DEFENDANT : IN CUSTODY AND NOW, Wednesday, April 24, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbur$, PA 17055 on Tuesday, May 21, 2002 at 8:30 AM for a Pre-I-rearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday· Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible 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 must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 HOLLY R. BRULIA, PLAINTIFF VS. TIMOTHY A. BRULIA, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-1924 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Timothy A. Bnflia, in the above captioned matter. Dated: May ~ ,,, 2002 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candjelro, ~sqm pA I.D. # 64998~ ~ 5021 East Trindle'Ro~d Suite 100 Mechanicsburg PA 17050 (717) 796-1930 HOLLY R. BRULIA, : Plaintiff : : VS. : TIMOTHY A. BRULIA, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1924 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this Jo' day of ~/o~-. , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly R. Brulia, and the Father, Timothy A. Brulia, shall have shared legal custody of Scarlett Brulia, bom October 24, 1996, and Grace Brulia, bom December 27, 2001. The parties agree that major decisions concerning their Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Children. Each party agrees not to attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning their Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Pending further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Children and the Father shall have partial custody on alternating weekends, begilming June 7, 2002, from Friday at 5:00 p.m. through Sunday at 6:30 p.m. and every Wednesday evening from 5:00 p.m. until 8:00 p.m. In addition, the Father shall be entitled to have custody of the Children for 3 weeks (consecutive or non-consecutive) during the summer upon providing at least 30 days advance notice to the Mother. The Father shall schedule his extended periods of custody under this provision to include his regular weekend period of custody. The parties agree that the Father shall not be bound by the full 30 day notice requir~nent for the selection of vacation dates in June 2002 although the Father shall notify the Mother as soon as possible of those dates. 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: In every year, the Father shall have custody of the Children on Christmas Eve from 9:00 a.m. through 9:00 p.m., the Mother shall have custody from Christmas Eve at 9:00 p.m. through Christmas Day at 5:00 p.m. and the Father shall have custody on Christmas Day from 5:00 p.m. until 9:00 p.m. B. MEMORIAL DAY/JULY 4Tn/LABOR DAY: The parties shall alternate having custody of the Children on Memorial Day, July 4th and Labor Day, beginning with the Mother having custody of the Children on July 4th and the Father having custody on Labor Day in 2002. C. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Children on Mother's Day from 9:00 a.m. until 6:00 p.m. and the Father shall have custody on Father's Day from 9:00 a.m. until 6:00 p.m. D. The parties shall share or alternate having custody of the Children on the remaining holidays as arranged by agreement. E. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall administer all medications to the Children as prescribed by the Children's physicians during his or her periods of custody. 5. The parties and counsel shall attend a second Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on Tuesday, August 14, 2002, at 10:00 o'clock, a .m. in order to establish ongoing custody arrangements after review of the Children's adjustment to the current custody schedule. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, CC: John J Krafslg, Jr, Esquire Counsel for Mothe~ ~¢ ~~ Susan~. Cfa~Sidiell;, Esq~r~-_'Counsel forFat~O~ ) ~ Co~ AUG 6 2002 HOLLY BRULIA, Plaintiff VS. TIMOTHY BRULIA, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1924 CIVIL ACTION LAW : IN CUSTODY ORDER OF COURT AND NOW, this 31st day of July, 2002, the Conciliator, having been advised by counsel that the parties have reconciled, hereby relinquishes jurisdiction. The second Custody Conciliation Conference scheduled for August 14, 2002 is canceled. FOR THE COURT, Custody Conciliator HOLLY R. BRULIA, Plaintiff VS, TIMOTHY A. BRULIA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-1924 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Scarlett A. D. Bmlia Grace O. Bmlia October 24, 1996 December 27, 2001 Mother Mother 2. A Conciliation Conference was held on June 5, 2002, with the following individuals in attendance: The Mother, Holly R. Bmlia, with her counsel, John J. Krafsig, Jr., Esquire, and the Father, Timothy A. Bmlia, with his counsel, Susan K. Candiello, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator