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BRIEF IN SUPPORT OF PETITION TO COURT FOR CHANGE OF NAME

 

IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA

CIVIL ACTION - LAW

BENNETT J. VONDERHEIDE	:
	:
VS.	:	No. CI - 02 - 05945
	:
WENDY LOUISE FLANDERS	:

BRIEF IN SUPPORT OF PETITION TO COURT FOR CHANGE OF NAME

CLAIMS

A. The child was born at the property owned by Mr. Vonderheide with the assistance of midwife. Ms. Flanders took care of all the details in this matter SEE FOLLOWING (APPENDIX I. Quinta Xavier Vonderheide Chronological Outline of Name Changes).

B. This was Ms. Flanders third home-birth and Mr. Vonderheide’s first child.

C. It was agreed that the child should proudly carry the family name “Vonderheide.”

D. The name Quinta Xavier Vonderheide was mutually chosen.

E. The child’s name on his Birth Certificate was wrongly listed as Quinta Xavier Flanders and Mr. Vonderheide found out much later.

F. Ms. Flanders claims this was a mistake by the midwife or staff.

G. Over the past five years Ms. Flanders has stated she was fixing this problem but claimed that some never-explained change in law would not allow his name corrected to Vonderheide.

H. At the initial child custody conference Mr. Vonderheide brought up the issue that the name be corrected. The custody officer stated that the name was correct on the court documents as Quinta Xavier Vonderheide. The custody officer asked Ms. Flanders if this was the child’s correct name and she said yes.

I. Quinta is registered in Kindergarten as Quinta Xavier Flanders.

J. I have just received the documents Ms. Flanders has generated from Domestic Relations where she has named the child Quinta Vonderheide Flanders.

K. Ms. Flanders has attempted to disappear and to take Quinta away from all my family and me forever. This name status allows her the opportunity to do this at any time now or in the future. (EXHIBIT B)

L. Ms. Flanders used this “name game” to block my participation at the Hospital when Quinta had surgery.

M. Ms. Flanders used “name game” to block me from participation in Quinta's preschool /Jewish Community Center.

N. Ms. Flanders used “name game” to block me from participation in Quinta's bible school/Calvary Church.

O. This control of and manipulation of the child’s name(s) provides Ms. Flanders the ability to completely eliminate father participation in many pieces of child’s life. This is especially tricky and confusing to the child when there are three names for three different purposes/places.

1. In today’s world people are very cautious and quickly alarmed. When a man comes into a new environment and tries to make contact or ask about a child and the man does not have the same last name this raises immediate red flags.

2. Ms. Flanders can also tell ‘rescuers’ that I am such a rotten father that I do not even care if he has my name.

3. Whenever I reinforce the correct name to our child, she can say I am using this issue to attack and harass her during the course of her daily defamation’s/accusations. Thus, again I do not care about my son; I am solely interested in hurting ‘poor’ Ms. Flanders.

4. I will add from a purely human perspective: The pain and gut wrenching aggravation caused to myself, as a father is real and normal. Please imagine you enter every new environment that your child is in to find the Mother has taken away your family name. While this may not be a legal point the truth remains this is intended to and is successful in causing conflict and problems. It clearly uses the child as a tool to hurt the father, making the child a pawn in Ms. Flanders' anger towards me and fathers in general. This is not putting the child’s welfare first but rather Ms. Flanders’ need to control and manipulate is paramount and is the driving force (as always).

5. This is a natural cause of conflict and makes the child a tool for Ms. Flanders to instigate for litigation purposes. This was and is a very contentious piece of the ongoing custody problems Ms. Flanders has created with the father of her middle child Bryna.

6. This creates an environment of anxiety for the child whenever Ms. Flanders plays her “name game” against the father. This is one of many set ups directed to agitate the father and then tell the child how the father is an angry and a bad man. “See how he is filed with anger and hatred towards your poor mother” (This is my son’s favorite quote – “This is my daddy – he is filed with hatred and anger.” Ms. Flanders has trained him a few other gems which are very similar).

7. This causes conflict between Ms. Flanders and the entire Vonderheide family who feel cheated out of the connection already due to Ms. Flanders taking the child at all times. Now Ms. Flanders has taken the family name away also. This puts everyone into a natural tug of war over the child as Ms. Flanders makes it all about her need for control and anger towards the father instead of putting the child’s interest first.

8. At hospital Ms. Flanders spoke very softly in the waiting room telling me I would not be allowed into the recovery area because she was the “parent” allowed. She had arranged me as a stranger without even the child’s name. I noticed the nurses looking on fearfully as I leaned in close enough to hear her. She was setting me up so I backed off.

9. At the first day of Bible school as I spoke with Quinta, Ms. Flanders registered him. Then she proudly and smilingly walked over and stuck a nametag of Quinta Flanders on his chest. I stated “His name is Vonderheide.” Ms. Flanders whispered again “You are causing a scene” and the women looked on disgustingly (already told of me). I restated that his name was Vonderheide and Ms. Flanders acted all scared and helpless for the churchwomen.

P. Ms. Flanders has used this power to agitate and create PFAs and other psychodrama including the following two examples:

Q. Ms. Flanders has caused the child confusion of his name and separation from his heritage.

1. Quinta has two living grandparents, eleven immediate aunts and uncles and
dozens of second aunts and uncles. Seventeen cousins and hundreds of members of the extended Vonderheide family.

2. Quinta’s paternal grandfather was a successful executive at RCA for over thirty
five years.

3. Quinta’s paternal grandmother worked in many areas including real estate and is
known for her honesty and her caring nature

4. Quinta’s paternal grandmother is wonderful grandmother to eighteen grandchildren.
5. Other family members are also upstanding and reliable members of local society for thirty years.

6. Quinta has seen far less of his grandparents, aunts, uncles, cousins, etc than any other member of the family because of Ms. Flanders’ condition and actions.

7. Quinta’s paternal family has a good name in this county; I have twenty years in the same commercial center in Conestoga. This provides recognition and warm feelings, connectivity to community and sense of family known to be imperative in fostering healthy children.

R. Ms. Flanders pattern of abuse is demonstrated in the histories of her three children’s changes of name.

1. First born Emily Sarah Flanders Caruso – name changed by age 10 to Emily Sarah Flanders.

2. Second born Bryna Elizabeth Flanders Harris – changed to Bryna Elizabeth Flanders – then changed to Elizabeth Flanders. I include by reference the petition filed on the case of Harris vs. Flanders of CI-94-4401.

3. Third born Quinta Xavier Vonderheide – name changed to Quinta Xavier Flanders, etc.

4. When Ms. Flanders stole Quinta away on March 12th, 2002 he had only love and respect for his father, he called his father “daddy”. When next his father saw him weeks later he said as he swung his lunch box to hit his father “Go away Ben – I don’t want to see you!”

5. Since that time he no longer refers to his relatives on his father’s side as grandma, etc. but rather refers to them as “Your mother,” “your father,” or “Ben’s mother,” etc. When his father suggested that he should still call them by their traditional titles Quinta told his father that “some people call people by other names” and stated that he was going to do that instead.

S. Ms. Flanders’ manipulation is for the sole purpose of separating the child from any and all connection with his father (identical to the history and pattern stated above and in evidence).

1. Ms. Flanders’ actions are extremely confusing and damaging to the child and show a bizarre and disturbing disregard on the part of Ms. Flanders of the child’s emotional well being.

2. Ms. Flanders must be Court Ordered to cease and desist this behavior.

3. Therefore, in consideration of the facts presented I request that the court
order Ms. Flanders to correct the child’s birth certificate and all registration and the day to day use of the child’s name to the agreed upon Quinta Xavier Vonderheide.

Respectfully Submitted,

_________________________________
Bennett J. Vonderheide, Pro se

Date: _______________

APPENDIX I.

Quinta Xavier Vonderheide
Chronological Outline of Name Changes

A. 6/24/98 Born at home – name undecided.

B. 6/29/98 Parents agree to Quinta Xavier Vonderheide, Ms. Flanders handles all paperwork associated with birth and birth certificate.

C. 6/29/98 – 3/15/2002 Child uses given name “Quinta Xavier Vonderheide” only and everywhere.

D. 6/30/99 (approx.) Father finds out birth certificate was originally incorrectly issued as Quinta Xzavier Flanders. Mother agrees to change.

E. 3/13/02 Ms. Flanders attempts to disappear with the child into the Underground Railroad for abused women. Trying to assign the child a new name and identity and take the child forever away from his father and all paternal connection as well as her own family. Ms Flanders attempted this although under court order and the Guardian Ad Litem program with one of the other children she was taking with her.

F. 3/15/02 Mother files first PFA against father listing child’s name as Quinta Flanders.

G. 3/15/02 – present. Mother permanently uses name of Quinta Flanders to separate child from father and cause conflict (see Motion). Change of name is utilized to place the child as pawn for Ms. Flanders pattern and history as it repeats itself.

H. 6/21/02 Mother files second PFA against father listing child’s name as Quinta Flanders.

I. 9/5/2002 – present. Child is identified in all custody filings as Quinta Xzavier Vonderheide and Ms. Flanders states directly to custody conference officer that the Childs' name is Quinta Xzavier Vonderheide.

J. 2/13/03 Ms. Flanders officially changes the child’s name again on the birth certificate. This time from Quinta Xzavier Flanders to Quinta Flanders. Thus eliminating any reference or connection to the paternal grandfather (Paul H. Vonderheide who proudly attended Xavier University in Cincinnati, Ohio). Again using the child as a pawn to offend the father and his family with the prime result being to confuse the child and make him feel bad about and separate from his father and his fathers’ entire side of the family.

K. 7/24/03 Registered for kindergarten as Quinta Xzavier Flanders, under SS# space Ms. Flanders wrote (Uses Vonderheide).

L. 8/03 (only date shown) Listed for school as Quinta Flanders (Vonderheide). Noteworthy on these documents are the references to parents being divorced although they were never married and the listing of mother as Mother/Substitute Teacher while father is listed as “Unemployed” with “Self” listed as the firm. That makes Mr. Vonderheide “self unemployed”.

M. 6/30/99 – 4/30/04 Mother finds reason after reason correction is not affected. Including having her attorney represent that document is prepared and across the street to correct the name to Quinta Zavier Vonderheide.

N. 5/23/04 Typical of past experience Mother attempts to pull a fast one and change name to Quinta Xavier Vonderheide Flanders. Thus we are back again.

 

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