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HomeMy WebLinkAbout95-01758 ,,;",.. , ..;~~,;, .', .. . ';'" ,. . . ',~~,}c ;;, , ' :'r, ':: '. ..'. . > ':.;"~'\!:': .. , .', "', ..,.,':"- ,. '. '. ;. , ,.,_....:' ;, '" 'I ,,'.,:', ,". ,"'.',; ."':,.:...",',,"'C,",';:,,:l ";,1;','::;;,::i:'; , . " .' . :":>>s .' <':".'>",: ..' '.' :': ~:',,\tC " " ' " ',...;:<....'.'. , . ::,:,: ,t..':, '. . , ,"},<:';:: /. '",r:: .'... ,'" " . .,>C",,"} .' ,':,.;;:, . t.;. . . , ,:\' ':.";',~:;<~,:.:; ,,:;';; J .< ,'1 ',:",;.;' ;;:; ~, ," . ~j:~~~ ',J~':'" <., ,/>':)) .'. ;s ,~ ,'y.; ,I,.,,::, , :. ,:' :;:".;,",:'< :,;;,. :.' , ,', .":' "". .,;,/-" '." . --",', ',,:::;,",: ...," , ,..;"",;J'~'" 'iI, .''':,':,-:.:;. '. '. ." ,.::.' :::.::".~ ,":\. .; :,:C",.G"; , ' ,~':~~;:': ,:':; \ ';L ;,,:;~>,::~~,:::. '. ;':f.::/(,' ,,';.:Y;::';L:,~;::; ~~'i{,'; .," 'I: .' ;.: ,>'';' . 'e' ." ,_ 'i:': ~:' ;,it"'":' ;:'.1, 'U,:,,': . , ":.'; ,~.,,,:;-: Ii .::\';" ;..:. ' i, '.(, ':,.'.. :<'.;.' '::.' "";';,:..'< '/.'; ,":",:tij,:;"':'~:\':'~i. <,' . >",C:> ,.:,:- ,,";')i.):.::"::.' ":~)(\::)~.;> 2;!i:~,t;,-.::,,:, ,;"';, '7t:,,:,;::,!:t'~ '::~:~" .: . :l!:; :>,\~::" }";:,. ,,;"'''''.' . ." . ': ",' J::::,~,;, ': ,,'.:,: '.',' " .. ':,.; , '.. >,";:...,''''. ,,,';''':' :.......\;.;/:..,':: : -: .",' t., co,: ,., '..' ' '.':. , '. _:". i, ; '.',c. .,"",..';, <~. :"" :".' ':~: .... .:';; . ,'. ",~.::. ;,:,: ;, , '.' ". o. "":" ,.'., ,"" . ,', " _," ":. '.,.' ,:,'.'...'..:'".,,':: -:"': . c".":'c,' c. :'.;'. c,. ", c,:-:'~ ';,'.:'c.{,::.',.,"" . :"';': ",... ';:::? ;.-,,,,;' ";;'-::;?::':;"':''-'':;)'''';''c:";.,,.-, ..< ,,' .:( ': " .':, : ,,;:', 'c ",,,~"'i,:, ,i. "..": ':';; .:; . '.>' ~~f{/,,~~;.:. .,' ':;::.;',"':}" .: " .',: ;'. :.',;,:, :; ":'<"';:'}""':'::,:;;:""':,' :':, ,.., ";1 ,~: .. · ,,;C:.< ,.",:~,;: '.""'.: ",,"; "\'''C ..', ,;'J,~;." ,.-', ".. ,...c,;'-",. : ',.... hi .. . .' '. "";:.,' . ';., :;..; ..; '.. ,.J',.. . . ':'.".::: '.: ,"::' ,:. ::.: .. _" . ".' .".' ."... "', '.' , "" ." ',:"," " " .;:.;; ."..." ..' . .<. ?"-:\,;~ ., ',;";..;':' ;,,:; .'...... ". '."/',' ;":;': ,";;';".:.'.,.:; ..' '..,.,.... I;)~.;r '. " "::<;,.,..:"'-.<" '.' '. .;..,';," .,. ",:' ::,'> . ",.",,\: "':>'" ..... .... ...... .....;. :. ';",'. -"", J -=fj ~ C!J , -7 . . 1 CJ ';... .' ~';k :''':.''', ,n;: ~r,,> ~ ~ J :.c': ;: ;'/:" ,":' :~: ::>-':: ;:"; , :;~',' ".; ."""".;' :);: ;:.':>' :';":. ",'. ,;., ~t!: F' 1::/: !~ . ,:$: , :";~;::, " '~<~ :. ~':>: 00 LD r- ',' . ,>::. :::., "i;, ::c. ., ,,'. . :'.' ;;: "", . , ';"'.' ... '.1/, ,'.' '.;',J . "", .','. '0, . . ':',>, .. ",', ":". " c,.: ". '::':' ."';~':: '. '" .~ . ~ - , ',: . .',,' .> ,,,'; .,.',-.. ',,;; .".' ..,j .... ..'...'.::..'... ,..., ...->,~f>',.::':- ,. :,": .,:,," , . : 4. Plaintiff, Patricia Ann Brandt, is the mother of the children. Plaintiff currently resides with her parents at Box 283, RD. # I, New Bloomfield, Perry County, Pennsylvania, 5. The Defendant is the father of the children. The Defendant currently resides with the children at R. D, # I, Box 135H, Newburg, Cumberland County, Pennsylvania. 6, There has been no prior litigation concerning the children. Plaintiff does not know ofa person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7, The best interest and permanent welfare of the child will be served by granting the relief requested because: . A. The natural mother desires to maintain a loving relationship with the children; B, The natural mother has been denied any contact with the children since leaving the marital residence on March 17, 1995 and the Defendant has threatened to kill Pbintiffifshe went back to the marital residence in an attempt to see the children or gather her physical belongings; C, The natural mother was unable to take the children with her when she left the marital residence on March 17, 1995, because the Defendant left the family run business where both parties were working, went to the baby-sitter's, took the children and prevented Plaintiff from taking the children with her to her parents residence, Prior to leaving the family run business, the Defendant threatened to kill PlaintilTifshe went back to the marital residence. ; D, Since leaving the marital residence, the Defendant has deliberately refused Plaintiff to see the children and has threatened to kill Plaintiff if she went back to the maril!ll residence to see the children; E. Since PlaintilTleft the marital residence on March 17, 1995, the Defendant has made harassing phone caUs to PlaintilT, calling her a slut, whore, slime bag, and numerous other names. On several occasions, the Defendant has had the children caU to speak to PlaintilT so that 2 the Defendant could get Plaintiff on the phone and continue to harass and threaten her by calling her the above names and threatening to kill her; F. The Defendant has physically abused Plaintiff in front ofthe children on numerous occasions and is very volatile and explosive; G. The Defendant has threatened to kill Plaintiff on numerous occasions, even pointing a .25 automatic handgun at Plaintitl's head in their automobile while it was parked in front ofthe marital residence; H. The Defendant carries a .25 automatic handgun without a permit. I, The Defendant has a serious drug and alcohol problem. The Defendant drinks heavily on a daily basis and, in the least, frequently uses marijuana, The Defendant has also grown marijuana plants in his back yard, J. The Defendant has smacked his son, William, on a prior occasion, leaving the imprint of his hand on the child's face; K. Due to Plaintiff being physically abused by the Defendant, threatened by the Defendant, the past incident of abuse with their son, William, the fact that the Defendant carries a gun without a permit, and the Defendant's unstable, volatile and explosive nature, Plaintiff fears for the health and safety of her children. L. Since the parties separation on March 17, 1995, the Defendant has not been taking adequate care of the children. For the majority of time, the children have been taken care of by a baby-sitter and the Defendant's mother, The children have been staying with the baby- sitter during the day when the Defendant is either at the marital residence by himself or is at the store owned by the parties. The children have been staying with the Defendant's mother in the 3 ~ ',--",'?. -.:....~->-,....,. ~ ~ '\ ~ . . .y./.;;.5}- L::,;/ ~ ~~ -z, at; ~~ ~ ./,) if' >1~~ /1M:/1/ ~ ~~ ,/'/.;J.9,) t;,,1 c~j" /'U~F ~ , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PATRICIA ANN BRANDT, : CIVIL ACTION. LAW Plaintiff v. No, 95- WILLIAM ALLEN BRANDT, Defendant COMPLAINT 1, Plaintiff, Patricia Ann Brandt, is an adult individual residing at Box 283, R D. # I, New Bloomfield, Perry County, Pennsylvania. 2. Defendant, William Allen Brandt, is an adult individual residing at RD. # I, Box 135H, Newburg, Cumberland County, Pennsylvania. 3. Plaintiffseeks custody of the following children: Name Present Residence Age 5 Melissa Mae Brandt R D, # I, Box 135H, Newburg, PA William Matthew Brandt RD. # I, Box 135H, .Newburg, PA 4 The children were born in wedlock. The children are presently in the custody of William Allen Brandt who resides at RD. # I, Box 135H, Newburg, Cumberland County, PA. During the past five years, the children have resided with both natural parents at R D. # I, Box 135H, Newburg, Cumberland County, Pennsylvania, until the parties separation on March I, 1995. From March 17, 1995 to the present, the children have been in the custody of the Defendant, William Allen Brandt The mother of the children is Patricia Ann Brandt. The father of the children is William Allen Brandt. 4, Plaintiff, Patricia Ann Brandt, is the mother of the children, Plaintiff currently resides with her parents at Box 283, R D. # I, New Bloomfield, Perry County, Pennsylvania. 5. The Defendant is the father of the children, The Defendant currently resides with the children at RD. # I, Box 135H, Newburg, Cumberland County. Pennsylvania, 6, There has been no prior litigation concerning the children, Plaintiff does not know ofa person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. The natural mother desires to maintain a loving relationship with the children; B. The natural mother has been denied any contact with the children since leaving the marital residence on March 17, 1995 and the Defendant has threatened to kill Plaintiffifshe went back to the marital residence in an attempt to see the children or gather her physical belongings; C. The natural mother was unable to take the children with her when she left the marital residence on March 17, 1995, because the Defendant left the family run business where both parties were working, went to the baby-sitter's, took the children and prevented Plaintiff from taking the children with her to her parents residence. Prior to leaving the family run business, the Defendant threatened to kill Plaintiffifshe went back to the marital residence, ; D. Since leaving the marital residence, the Defendant has deliberately refused Plaintiff to see the children and has threatened to kill Plaintiff if she went back to the marital residence to see the children; E. Since Plaintiff left the marital residence on March 17, 1995, the Defendant has made harassing phone calls to Plaintiff, calling her a slut, whore, slime bag, and numerous other names. On several occasions, the Defendant has had the children call to speak to Plaintiff so that 2 the Defendant could get Plaintiff on the phone and continue to harass and threaten her by calling her the above names and threatening to kill her; F, The Defendant has physically abused Plaintiff in front of the children on numerous occasions and is very volatile and explosive; G. The Defendant has threatened to kill Plaintiff on numerous occasions, even pointing a .25 automatic handgun at Plaintiff's head in their automobile while it was parked in front of the marital residence; H, The Defendant carries a ,25 automatic handgun without a permit. I. The Defendant has a serious drug and alcohol problem. The Defendant drinks heavily on a daily basis and, in the least, frequently uses marijuana, The Defendant has also grown marijuana plants in his back yard. 1. The Defendant has smacked his son, William, on a prior occasion, leaving the imprint of his hand on the child's face; K. Due to Plaintiff being physically abused by the Defendant, threatened by the Defendant, the past incident of abuse with their son, William, the fact that the Defendant carries a gun without a permit, and the Defendant's unstable, volatile and explosive nature, Plaintifffears for the health and safety of her children. L, Since the parties separation on March 17, 1995, the Defendant has not been taking adequate care of the children. For the majority of time, the children have been taken care ofby a baby-sitter and the Defendant's mother. The children have been staying with the baby- sitter during the day when the Defendant is either at the marital residence by himself or is at the store owned by the parties. The children have been staying with the Defendant's mother in the 3 evenings, while the Defendant has been going out in the evenings, M PlaintitThas discovered that her daughter, Melissa, has been ill and doubts that she has been given proper medical attention; N. From the beginning of the children's lives, Plaintiff has been the primary caretaker for the children; O. In light of the above circumstances, PlaintitTbelieves she is better able to provide a loving and stable environment for raising the children; P. Plaintiffbelieves that these children should maintain a loving relationship with both parents and is willing to make sure that the children maintain such a relationship with his father should PlaintitT obtain custody of the child; 8. The person who has physical custody of the children has been named as a party to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children to her. I verifY that the statements in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, fi 4904 relating to unsworn falsification to authorities. Date: Lj/~/qdi.~~JL7hwdJ-. atnclB nn ran t 4 ~--' PATRICIA ANN BRANDT, , IN THE COURT OF COMMON PLEAS OF , Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA , , , v, , CIVIL ACTION - LAW , . . WILLIAM ALLEN BRANDT, . , Defendant , NO, 95-1758 CIVIL TERM , ORDER OF COURT AND NOW, this Il~day of April, 1995, upon consideration of Plaintiff's Application for Special Relief, a hearing is SCHEDULED for Thursday, April 27, 1995, at 8:30 p,m., in Courtroom No, 5, Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, 4 ~\~{ ~\\~ Scott M . Staller, Esq, P.O, Box 264 New Bloomfield, PA 17068 Attorney for Plaintiff William Allen Brandt R,D, #1, Box 135H Newburg, PA 17240 Defendant :rc "/. .'t ',',~ 'j ~ t: l, Lj' -.: I I j _, " ~ ,', -. - ..l; ........,. .-.j ut," -',' 1':....'.... \~hc..ICII .', ''':' ;:1i41i: '0 it) 56, UV LS e Z/l/JV marital residence, 5. Since leaving the marital residence, the Defendant has deliberately refused Plaintiff to see the children and has threatened to kill Plaintiff if she went back to the marital residence to see the children, 6. Since Plaintiff left the marital residence on March 17, 1995, the Defendant has made harassing phone calls to Plaintiff, calling her a slut, whore, slime bag, and numerous other names. On several occasions. the Defendant has had the children call to speak to Plaintiff so that the Defendant could get Plaintiff on the phone and continue to harass and threaten her by calling her the above names and threatening to kill her, 7, Since leaving the marital residence on March 17, 1995, Plaintiff has been denied any contact with the children and the Defendant has threatened to kill Plaintiff if she went back to the marital residence in an attempt to see the children or gather her physical belongings, 8, Since the parties separation on March 17, 1995, the Defendant has not been taking adequate care of the children. For the majority of time, the children have been taken care of by a baby-sitter and the Defendant's mother, The children have been staying with the baby-sitter during the day when the Defendant is either at the marital residence by himself or is at the store owned by the parties. The children have been staying with the Defendant's mother in the evenings, while the Defendant has been going out in the evenings. 9, Plaintiff has discovered that her daughter, Melissa, has been ill and doubts that she has been given proper medical attention, 10. On a prior occasion, the Defendant has smacked his son, William, on a prior occasion, leaving the imprint of his hand on the child's face. II, The Defendant has a serious drug and alcohol problem. The Defendant drinks heavily on a daily basis and, in the least, frequently uses marijuana. The Defendant has also grown marijuana plants in his back yard. 12, The Defendant has physically abused Plaintiff in front of the children on numerous occasions and is very volatile and explosive; 13, The Defendant has threatened to kill Plaintiff on numerous occasions, even pointing a .25 automatic handgun at Plaintiff's head in their automobile while it was parked in front of the marital residence; 14, The Defendant carries a ,25 automatic handgun without a permit. 15. From the beginning of the children's lives, Plaintiff has been the primary caretaker for the children, 16, In light of the above circumstances, Plaintiff believes she is better able to provide a loving and stable environment for raising the children. 17. Plaintiff believes that these children should maintain a loving relationship with both parents and is willing to make sure that the children maintain such a relationship with his father should Plaintiff obtain custody of the child. 18, Due to Plaintiff being physically abused by the Defendant, threatened by the Defendant, the past incident of abuse with their son, William, the fact that the Defendant carries a gun without a permit, and the Defendant's unstable, volatile and explosive nature, Plaintiff fears for the health, safety, and welfare of her children. 19, Due to all of the above circumstances, Plaintiff believes it is in the best interest of the children that she be granted temporary, physical custody of the children with the Defendant to have partial custody for the purposes ofvisitation as the parties may subsequently agree until this matter may be further resolved by either a conciliation conference or a custody hearing, WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant her temporary, physical custody of the children, Melissa Mae Brandt and William Matthew Brandt, with the Defendant to have partial custody for the purposes ofvisitation as the parties may subsequently agree until this matter may be further resolved by a conciliation conference. Respectfully submitted by, JJ ?!AI ~ Scott M. Staller, Esquire P. O. Box 264 New Bloomfield, PA 17068 Telephone: (717) 582-7574 Attorney for Plaintiff I verify that the statements in this Application for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, ~ 4904 relating to unsworn falsification to authorities. Date: (idtAttitL a/Vi( kMrft PatriCia Ann Brandt , v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATRICIA ANN BRANDT, Plaintiff WILLIAM ALLEN BRANDT, Defendant . . NO, 95-1758 CIVIL TEaM IN RE: PLAINTIFF'S APPLICATION FOR SPECIAL RELIEF AND NOW, ORDER OF COURT this ~l.tt,day of April, 1995, upon consideration of the attached letter from Scott M, Staller, Esq., attorney for Plaintiff, the hearing previously scheduled in this matter for April 27, 1995, is CANCELLED, BY THE COURT, J. Scott M, Staller, Esq. P,O, Box 264 New Bloomfield, PA 17068 Attorney for Plaintiff William Allen Brandt R,D. #1, Box 1358 Newburg, PA 17240 Defendant -- ~~ L./}:J.,.,/tiS', ....J. -Po :rc 'f ~,','!.l.:,'~l.~i?~f AJ'~I-:,-..:J Gh\'TJ~;'~'r'rrO A'\j71CH,}~il.':_ t-IH 30 :iOdJD-:' ,;'1 :i 56. HV O~ B LZ lIdV