HomeMy WebLinkAbout96-02172
,
IalERT BAUGHMAN,
Plaintiff
IN THE CXlURT OF CGIMOO PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
,
.
vs.
: NO. 96-2172
CIVIL TERM
,
.
GLENDA SHIPE,
,
,
Defendant
: IN cusrooy
ClUlI!lR r. CXlRr
~ lOf, this ,'). day of ~....- , 1996, upon
conaideration of the attached Custody Conciliation Report, it is ordered and
directed as follows:
1. The Father, Robert Baughman, and the Mother, Glenda Shipe,
shall h4va shared legal custody of Alyssa Gerhart, born Deceai:ler 26, 1991.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
a gradually increasing basis as follows:
A. on Sunday, June 9, 1996 in Carroll Park at a family get
together to include the Father, the Father's girlfriend
and her child or children, and any other family nI8ITtlers
the Father desir.es and the Mother, the Mother's husband,
the Mother's BOn and any other family mel!tlers Shllf desires.
The parties shall arrange the times for the family get
together by mutual agreement.
B. on Sunday, June 23, 1996 at a second family get together
as stilted above at a time and place to be arranged by the
mutual agre8lll6flt of the parties.
C. on Sunday, July '7, 1996 from 9:00 a,m. until 6:00 p.m.
with the Father,
D. on Sunday, July 21, 1996 from 9:00 a.m. until 6:00 p.m.
with the Father.
E. Beginning August 3-4, 1996, on alternating weekends from
Saturday at 12:00 noon until Sunday at 12:00 noon with the
Father,
4. The Father shall provide transportation for exchanges of
Cll8tody under this Order,
5. Custody arrangements for holidays and sUllll18r vacatioll.1l shall
be made by mutual agreement of the parties.
~b..( \- ~h,.".1 ..
Plaintiff
,
*
:IN 'l'HE COURT OF COMMON PLEAS OF
:CUMBERLAND COUN'l'Y, PENNSYLVANIA
v
.
.
:CIVIL AC'l'ION - LAW
:NO.C)(~ .JO:J. CIVIL
:CUS'1'ODY/VISITATION
19
*
G\~/'(.\" ~~;pt.
Defendant
ORDER OF COURT
/'1"'1 'd, 1(/ '1~
AND NOW, this (date) , upon consideration of the
attached complaint, it is hereby directed that the arties and
their respective counsel appear before ()c.. " ) ,..,..AG. "
the conciliator, at S<" w .. 5, h II'" I
on the L\~h day of "'fl/' , 19 , at t5J' ~
H., for a Prehearing Custody Conference. At such conference,
an effort will be made to resolve the issues in dispute; or if
this cannot be accomplished, to define 41Jd narrow the issues to be
heard 'by the court, and to enter into a te.mporazy order. Ei ther
party may bring the child who is the subject of this custody
action to the conference, but the child/children's attendance is
not mandatozy. Failure to appear at the conference may provide
grounds for entry of a tempC?rary or permanent order.
FOR THE COUR'l':
By:
YOU SHOULD 'l'AKE '1'H1S PAPER '1'0 YOUR LAWl'ER AT ONCE. IF YOU DO NO'l'
IlAVB A LAffYER OR CANNOT AFFORD ONE, GO ro OR 'l'ELEPHONE 'l'HE OFFICE
SBT I'OR'1'H BELOW ro FiND OUT WHERE YOU CAN GE'l' LEGAL HELP.
OFFICE OF 'l'HE COUR'l' ,ADHIN1S'l'RA'1'OR
COURTHOUSB, FOURTH FLOOR
CARLISLE PA 17013
(717 )240-6200
,IY,'I
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4. Defendant. Glenda Shipe, is the mother of the child. and currently resides with her mother.
Gail Gerhart. her stepfather, her husband. Todd Shipe, her son, J T. Gerhart and her daughter,
AlisslaGerhart at4 Hilltop Drive. Carlisle, Cumberland County. Pennsylvania.
5, PlaintilT, Robert Baughman, IS the child's father, and currently resides at 3 Fox Hollow
Estates. Shermans Dale, Perry County, Pennsylvania,
6, There has been no previous Iitiglltion concerning the custody of the child,en in this
court or any other court.
PlaintilThas no information of any ot.her custody proceedings concerning the children pending
in a court of this Commonwealth.
7, The best interest and permanent welfare of the child will be served by granting the relief
requested because:
A, The PlaintitTdesires to maintain a loving relationship with his child;
B, The PlaintitTis belleI' able to provide a loving and stable environment for raising the
child;
C. As of April 8, 1996, the trailer where Respondent is residing has been cleared
ofall bedroom furniture and the parties daughter has been sleeping on the floor.
D, Respondent is residing with the live other individuals in a three bedroom trailer
and Petitioner avers that there is not adequate living space for all of these individuals in the trailer,
E Respondent has seven dogs and two cats at this residence and the dogs and cats are
allowed to defecate anywhere and the residence is undean and smells profusely from the dogs and
cats, especially due to the dog and cat waste,
8, The person who has physical custody of the children has been named as a party to thi~
action,
2
v..
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
;/'1~
No, 98.~ CIVIL TERM
<:'
-~
ROBERT BAUGHMAN,
Petitioner,
GLENDA SHIPE.
Re.pondent
IN CUSTODY
~
30'
AND NOW, this day of rn~ ' 2003, alter consideration of
Petitioner's Petition for Civil Contempt for Disobedience of Custody Order and Request
for Emergency Injunctive Relief, the Court hereby grants Petitioner's request, In part,
and Orders as follows:
1. Respondent, Glenda R. Shipe, elk/a Glenda R. Gearhart, a1k/a Glenda R.
Eyer, is hereby prohibited .from relocating with or fleeing from the Commonwealth of
Pennsylvania with or removing the minor child, Alyssa N. Gearhart, from the current
address of Cherry Avenue, Lot 5, Fannettsburg, Franklin County, Pennsylvania, without
Father's knowledge and consent, or without an evidentiary hearing by this Court, or until
further Order of this Court.
2.
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If you wish to defend against the claim set forth In the following pages, you may
but are not required to file In writing with the Court your defenses or objections.
Whether or not you file In writing with the Court your defenses or objections, you must
appear In person at the time and place set above,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249.3166
BY THE COURT,
, J,
YO.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
J'?~
No, 98.1:172 CIVIL TERM
ROBERT BAUGHMAN,
Petllloner,
GLENDA SHIPE,
Reepondenl
IN CUSTODY
~
30'
AND NOW. this day of _. ,.,.,., , 2003, after consideration of
Petitioner's Petition for Civil Contempt for Disobedience of Custody Order and Request
for Emergency Injunctive Relief, the Court hereby grants Petitioner's request, in part,
and Orders as follows:
1, Respondent, Glenda R. Shipe, a/kla Glenda R. Gearhart, aJkla Glenda R.
Eyer, Is hereby prohibited from relocating with or fleeing from the Commonwealth of
PElnnsylvania with or removing the minor child, Alyssa N. Gearhart, from the current
address of Cherry Avenue, Lot 5, Fannettsburg, Franklin County, Pennsylvania, without
Father's knowledge and consent, or without an evidentiary hearing by this Court, or until
further Order of this Court,
2,
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Pt. lTO 13, ., Yi... "'--I",,:...t. (',..,,7/~ .
If you wish to defend against the claim set forth In the following pages, you may
but are not required to file in writing with the Court your defenses or objections,
Whether or not you lIIe in writing with the Court your defenses or objections, you must
appear In person at the time and place set above,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
BY THE COURT,
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residence during periods of custody for an extended period of time, that party shall
provide the non-custodial party with the address and telephone number where the Minor
Child can be reached.
10, Both parents shall establish a no-conflict zone for their child and refrain
from making derogatory comments about the other parent In the presence of the child
and, to the extent possible, shall not permit third parties to make such comments in the
presence of the child whether the child Is sleeping or awake,
11, Either party may request a custody c:onclllatlon within 18 months of the
date of this Order to determine Minor Child's permanent legal and physical custody,
based on the progress and cooperation of both Mother and Father and In the best
Interest of Minor Child,
12, Due to Mother's continued contempt of Paragraph 7 of the June 13,1996
Order, Father Is herby awarded $110,00 from Mother for costs associated with Father's
extraordinary measures and efforts to locate Mother and Minor Child, which costs would
have been avoided had Mother not continued to violate this Court's Order, plus Father's
attorneys fees of $
13, Mother and Father shall both attend a seminar for separated parents of
minor children,
BY THE COURT,
, J.
5, On June 13,1996, this Honorable Court entered an Order of Court for
Custody regarding Minor Child ("Order"), A copy of the June 13, 1996 Order Is attached
as Exhibit "An and Incorporated herein by reference.
6, Pursuant to the Order, Father was granted shared legal custody and
partial physical custody of Minor Child,
7, Pursuant to the Order, Mother was granted shared legal custody and
primary physical custody of Minor Child,
8, Immediately prior to and at the time the Order was entered, Mother lived
at 2 Hilltop Drive, #H, Carlisle, Cumberland County, Pennsylvania, 17013, with her son
and Minor Child, and continued to reside there until approximately July, 1996,
COUNT I - RESPONDENT'S CONTEMPT OF THIS COURT'S
JUNE 13, 1996 ORDER OF COURT
9, Paragraphs 1 through 8 are incorporated herein by reference,
10, In or about July, 19S6, Mother moved her son and Minor Child to
Respondent's Mother's residence, Gale W. Gearhart, at 1180 Mountalnvlew Road,
Shermansdale, Perry County, Pennsylvania, 17090, with Father's knowledge.
11, Father's visitation, as described by the Order, continued until
approximately 1999, when Mother moved from Gale W, Gearhart's residence In
Shermansdale, Perry County, Pennsylvania, without Father's knowledge or consent.
12, Pursuant to Paragraph 7 of the Order, Mother was under court order to
notify Petitioner of Minor Child's address and phone number, Mother Informed Father
that she moved to West Virginia with her son and Minor Child. Upon Father's request
2
for visitation with the Minor Child, Mother denied Father's rights to visitation, contrary to
and In contempt of this Court's Order. Mother further prevented all communication
between Father and the Minor Child,
13, Father has recently learned that Mother moved not to West Virginia, but to
8 Walmar Manor, Dlllsburg, York County, Pennsylvania, 17019,
14, While at said residence, Father has recently learned that Mother hired
Randy L. Strunk ("Randy"), then approximately 16 years old, of 501 Windy Hill Road,
Lot 23, Shermansdale, Perry County, Pennsylvania 17090, to babysit on New Year's
Eve 2000.
15, Mother's arrangement for babysitting was that Randy would babysit the
children for the evening, and Mother would return Randy to his home the next day,
Mother drove from her residence in Dlllsburg, picked up Randy at his address In
Shermansdale, and returned to her residence In Dlllsburg with Randy, Mother left
Randy, a minor, as well as Mother's son and Minor Child, and did not return for two
days,
16, Randy has stated, and will testify, that Mother's residence was dirty,
littered with unwashed laundry and dishes, there was little food in the residence and that
whisky was atop the refrigerator and accessible to the Minor Child.
17, While Mother was gone she did not call to check on her son and the Minor
Child, or Randy, the minor babysitter.
18, Upon Mother's return two days later, she offered no explanation for her
disappearance and failure to check on her son, Minor Child and Randy, and drove
Randy, while intoxicated, to his home In Shermansdale, Pennsylvania,
3
19. Pursuant to Paragraph 8 of this Court's June 16, 1996 Order, "Neither
party Is to possess Illegal drugs or alcohol In his or her residence which Is accessible to
the Child,"
20. Mother was In contempt of Paragraph 8 of this Court's Order as well as
having abandoned Minor Child with a minor babysitter for a period of two days.
21, During this time, Father, given only Respondent's mother's (Gale W.
Gearhart) phone number, would attempt to contact Mother through Respondent's
Mother by leaving a message on Gale W, Gearhart's answering machine, Gale W,
Gearhart In turn would contact Mother regarding Father's request for visitation, Mother
would contact Father at a number provided by Father and inform him of her denial of
visitation, contrary to and in contempt of the Order,
22, Father has no Information as to whether or not other instances as
described In Paragraphs 14 through 18, above, have or have not continued to occur
since New Year's Eve 2000,
23, Father repeatedly requested visitation with Minor Child and Minor Child's
address and phone number, Mother continued to assert that she, her son and Minor
Child lived In West Virginia, and denied Father's repeated requests for visitation,
contrary to and In contempt of the Order,
24, On or about November 17, 2000, Father and Mother attended a support
conference at the Perry County Domestic Relation$ Office, where Father again
requested Minor Child's address and phone number and visitation with Minor Child.
Mother refused to provide Father with Minor Child's address and phone number and
denied visitation, contrary to and In contempt of the Order, Perry County Domestic
4
Relations Office refused to provide this Information to Father because Respondent
requested that her address and phone number remain confidential.
25. Subsequent to the November 17, 2000 support conference, an Order was
entered by Perry County Domestic Relations for Father to pay to Mother the amount of
$645,66, per month, which Father paid and continues to pay,
26. Upon Information and belief, sometime prior to August, 2000, Mother
married Joel E, Eyer, and moved with her son and Minor Child to husband's mobile
home at 17 Short Lane, Shippensburg, Cumberland County, Pennsylvania 17257.
Mother failed to notify Father of yet another change of residence of Minor Child and
relocated the Minor Child without Father's knowledge or consent.
27. Father, from time to time, would leave messages with Respondent's
mother, Gale W, Gearhart, for Mother to contact him at a number provided by Father,
On the occasions when Mother did contact Father, she denied Father's repeated
requests for Minor Child's address and phone number and visitation with Minor Child,
contrary to the Order, and continued to assert that she, her new husbal')d, his minor
children, her son and Minor Child lived In West Virginia, In continued contempt of this
Court's Order,
28, On or about October 20, 2001, Father again undertook negotiations with
Mother to receive visitation with Minor Child by leaving messages on Respondent's
mother's answering machine, the only contact Information provided to him, In continued
contempt by Mother of this Court's Order,
29, Within days, Mother contacted Father, continued to assert that she, her
family and Minor Child lived in West Virginia and denied Father's requests for visitation,
5
Petitioner believes and therelore avers, that as of October 20, 2001, Mother continued
to reside at 17 Short Lane, Shlppensburg, Cumberland County, Pennsylvania with her
family and Minor Child,
30, Father continued leaving messages for Mother at Respondent's mother's
residence to which Mother would respond. Each request for visitation was met with a
denial for visitation, a refusal to provide Minor Child's address and phone number, and a
continued assertion that Mother, her family and Minor Child resided In West Virginia, In
conllnued contempt of this Court's Order,
31, Prior to Christmas Eve, Christmas and Minor Child's birthday,
December 26, 2001, Father again left messages with Respondent's mother reque:!lting
visitation and to spend part 01 the holiday and Minor Child's birthday with Minor Child,
32. Mother contacted Father, denied his request for visitation, refused to
provide Minor Child's address and phone number, denied Father's scheduled turn of
holiday visitation and any visitation on Minor Child's birthday, In continued contempt of
this Court's Order.
33, Father explained he had Christmas and birthday gifts for Minor Child, and
Mother stated, "Leave them on my mother's porch,"
34, Father did not leave the gifts on Respondent's mother's porch for fear that
Mother or Respondent's Mother would destroy the gifts or simply not give them to Minor
Child,
35, Mother's refusal of visitation and denial of Father's scheduled turn for
holiday visitation is In contempt of Paragraph 3 of this Court's Order.
6
,I
I
I
36, On February 14, 2002, Father married Harva J, Owings and moved with
her and her minor son to 319 Walnut Street, Newport, Perry County, Pennsylvania,
17074, Father contacted Respondent's mother and left current contact Information for
him on her answering machine,
37. Mother called Father Inquiring about his new marriage and, upon Father's
request for visitation with Minor Child, again denied his request, In continued contempt
of this Court's Order,
38, In or around March 2002, Mother called Father's residence and spoke with
Petitioner's wife. In that conversation, Mother repeated her various unsubstantiated
reasons for denying Father's requests for visitation, Including that she, her family and
Minor Child lived In another state, Petitioner's wife suggested that If Minor Child really
did not want to see her father, perhaps she could write Father a letter or make a video
of herself explaining the reasons why Minor Child did not want to see her father, but that
either the letter or the video would have to be free of influence from Mother,
39. During the conversation between Mother and Petitioner's wife, Mother
stated that if Father attempted to pursue his right to visitation through the courts.
Mother, her family and Minor Child would flee the other state and move to Florida.
40. Respondent's father lives In Florida and would offer haven for Mother, her
family and Minor Child and possibly aid Mother's continued contempt of this Court's
Order.
41, No letter or video was ever sent to Father regarding any possible
hesitation from Minor Child that she wanted or did not want to see her father. Petitioner
believes that Mother had not and has not informed Minor Child that Father has
7
repeatedly requested visitation with Minor Child which was continually refused by
Mother, contrary to and In contempt of this Court's Order.
42. On or about June 1, 2002, Mother left the following message on Father's
answering machine: "Bob, I have a proposition for you. I don't know If you'll want It or
not, but here it Is. ill re-instltute Alyssa's visitation rights If you pay oil all your child
support arrears [approximately $3,000.00]; but the first time she doesn't want to go, the
deal is oil."
43, Two days later Mother contacted Father again, and Father and Mother
agreed that if Father sent hall the support arrearages, $1,SOO,OO, Mother would send
recent school pictures of Minor Child and come to inspect Father's home for suitability
and visitation,
44. On or about June 6, 2002, Father forwarded to the Pennsylvania State
Collection and Disbursement Unit a check in the amount of $1 ,SOO.OO, A copy of that
check Is attached as Exhibit "B,"
4S, Father performed his obligations under the June 2002 verbal contract
between Mother and Father,
46, After Mother's receipt of the arrearage support check in the amount of
$1,SOO,00, Father received no pictures of Minor Child, no visitation, and no further
response from Mother,
47. On November 11, 2002, Father's son, Dalton J, Baughman, was born of
the marriage.
48, Minor Child now has a hall-brother and stepbrother she has never met,
due to Mother's continued contempt of this Court's Order,
8
49. Upon Information and belief, Petitioner avers that Mother, her family and
Minor Child have recently moved again, from 17 Short Lane Shlppensburg, Cumberland
County, to Cherry Avenue, Lot 5, Fannettsburg, Franklin County, Pennsylvania,
50, Mother has relocated Minor Child again without Father's knowledge or
consent, and believes, and therefore avers, that she did so to escape the Jurisdiction of
this Honorable Court If Father sought relief from Mother's continued contempt of this
Court's Order,
51, Petitioner believes that Mother had no Intention of permitting Father's
visitation with Minor Child, but merely used Minor Child as ransom to afford the
expenses of moving her family's mobile home from Shlppensburg, Cumberland County,
Pennsylvania to Fannettsburg, Franklin County, Pennsylvania,
52, Father was not notified of the change of residence from 17 Short Lane,
Shlppensburg, Cumberland County, to Cherry Avenue, Lot 5, Fannettsburg, Franklin
County, contrary to the Order, and as stated above, Father believes the relocation was
an attempt to escape this Honorable Court's Jurisdiction,
53, Petitioner continued to pay support to Mother in the amount of $645,66
per month throughout this period of time per his obligation under the Perry County
Domestic Relations Office Order,
54, On March 24, 2003, Father became unemployed through no fault of his
own,
55. On March 24, 2003, Father flied for unemployment compensation benefits;
benefits were awarded in the amount of $407.00 per week.
9
56, Due to a significant decrease In Father's earnings, Father flied for a
Petition to Modify the January 31, 2001 Child Support Order on April 8, 2003,
57. On April 10, 2003, at 12:30 p,m" not even two days after Father flied the
Modification Petition, Mother called Father, screaming at him that he "will never see his
daughter again" because of his request for modification of the current child support
order, although legally entitled to an adjustment based upon his current employment
situation.
58, In making the statement that Father "will never see his daughter again,"
Mother Is again In contempt of an Order of this Court.
59. Consequently, a child support conference Is scheduled to be helc;l June 6,
2003 at the Perry County Domestic Relations Office,
60, On May 16, 2003, Father called Respondent's mother's residence and left
a message to the effect that he requested visitation with Minor Child and requested If
Gale Gearhart would forward the message to her daughter, the Respondent.
61. On May 18, 2003, Respondent's mother, Gale Gearhart, called Father,
and upon identifying herself, proceeded to Inform Father that she "would In no way
assist Father in seeing Minor Child, and that the next time he calls her house Icavlng a
message for Mother, she [Gale Gearhart] would have him arrested,"
62, To date, Father has had no further response from Mother regarding Minor
Child's address and phone number nor his requests for visitation,
63. Because Mother contacted Father by 12:30 p,m, on Thursday, April 10,
2003, not even two days after Father filed the Petition for Modification, and considering
that the Perry County Domestic Relations served the Petition for Modification on Mother
10
via first class mall, Father became suspicious that Mother, her family and Minor Child
did not live in West Virginia.
64. Because Mother refused to provide Father with Minor Child's address and
phone number and has repeatedly denied Father visitation, Petitioner and Petitioner's
wife have Incurred the expenses of Investigating Mother's chain of residences to locate
Minor Child to pursue Court-ordered relief for Father of Mother's continued contempt of
this Court's Order,
65, Petitioner's wife, on Father's behall, utilized Internet search services to
o~taln Mother's past and current resldonces, her current husband and other Information.
The cost incurred for such services totaled approximately $100,00,
66, Pursuant to Federal law, Petitioner's wife, on behalf of Father, obtained a
copy of Mother's and her husband's August 2000 Middle District Pennsylvania
Bankruptcy Petition, The Petition verified Mother's, and therefore also Minor Child's,
address as 17 Short Lane, Shlppensburg, Cumberland County, Pennsylvania, The cost
associated with the archive retrieval and reproduction totaled approximately $10,00.
67, Petitioner's wife, on Father's be hall, cross-referenced certain Information
contained In the Internet search results with Mother's husband's name from the
Bankruptcy Petition, and made inquiries to the Southampton Township tax collector,
Petitioner's wife learned that Mother's husband applied for and received a Mobile Home
Removal Permit and the location to where the mobile home was to be relocated, The
relocation address was Fannettsburg, Franklin County, Pennsylvania,
68, Petitioner's wife, on Father's behall, contacted the tax collector for Metal
Township, Franklin County, Metal Township's clerk confirmed that Mother, her family
11
and Minor Child currently live at Cherry Avenue, Lot 5, Fannetlsburg, Franklin County,
Pennsylvania, 17221.
69. Father believes, and therefore avers, that Mother deliberately and recently
relocated to Franklin County to escape this Honorable Court's Jurisdiction,
70. Petitioner fears that without Immediate Court Intervention, Mother will flee
Pennsylvania with the Minor Child, as she stated in a prior conversation with Petitioner's
wife, becaude Father now flies this Petition seeking a remedy for Mother's continued
contempt of this Court's June 13, 1996 Order,
71. Petitioner fears that with the conclusion of the 2002.2003 school year fast
approaching, Respondent will have opportunity to relocate the Minor Child.
WHEREFORE, Petitioner prays that this Court find Respondent to be In
contempt of an Order of this Court and prevent Respondent from relocating with Minor
Child until a hearing can be scheduled.
COUNT II - REQUESTED EMERGENCY INJUNCTIVE RELIEF
72, Paragraphs 1 through 71 are Incorporated herein by reference,
73. The flagrant actions and conduct of Mother, in continued contempt of this
Court's June 13, 1996 Order, as described In Count I, should shock the conscience of
the Court.
74. Father has been denied participation In decisions relevant to Minor Child's
education, rearing, mental and physical health and spiritual growth, as well as denied
participation In Minor Child's life, accomplishments, endeavors, activities, and functions.
12
75. Father was forced to take extraordinary measures and effort to locate
Mother and Minor Child due to Mother's deceit and continued contempt of this Court's
Order,
76, Mother has circumvented and denied Father's rights and has attempted to
circumvent the Jurisdiction of this Honorable Court,
77, This Honorable Court should retain jurisdiction and venue of this matter for
the following reasons:
a. This Honorable Court was the court of original Jurisdiction of the
case;
b. Mother has been In contempt and continues to be in contempt of
this Court's Order;
c. Due to Mother's contempt of this Honorable Court's Order, Father
has been forced to undertake extraordinary measures and effort to
bring Mother before this Court for a hearing in order to seek
remedies for her contempt of Its Order;
d, The Minor Child has resided In Cumberland County for the majority
of the period 01 time in which Mother has been in contempt of this
Court's Order; and
e. Any relinquishment of Jurisdiction or venue by this Court to another
court would Impose further hardship upon Father, by adding travel
distance for Father and Father's counsel,
13
78. Because of Mother's contempt of this Court's Order, Father Is entitled to
reimbursement for costs and attorneys fees.
WHEREFORE, Petitioner prays that the Court grant the following Immediate
Injunctive relief:
1, Enter an Order declaring this Honorable Court to retain Jurisdiction over
this matter,
2, Order that Mother may not relocate Minor Child from or flee with Minor
Child from the current address of Cherry Avenue, Lot 5, Fannettsburg, Franklin County,
Pennsylvania, without the permission of this Honorable Court and without Father's
knowledge and consent;
3. Order that a hearing on this Petition be held at the Court's earliest
convenience;
4, Order that because Father has been denied visitation with Minor Child for
such a long period of time, Mother be required to produce the Minor Child for
supervised visits with Minor Child at a place designated by this Honorable Court and
within Cumberland County;
5, Order that upon the conclusion of a set schedule of supervised visitation,
Mother be required to produce the Minor Child for unsupervised visits at Father's
residence in Newport, Perry County, Pennsylvania, and that the place to exchange the
Minor Child be designated by this Honorable Court and within Cumberland County;
6, Order that upon the conclusion of a set schedule of unsupervised
visitation at Father's residence in Newport, Perry County, Pennsylvania. Father be
granted an every other weekend and appropriate holiday schedule for visitation with
14
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6. In addition at some point PlaintitT Robert Baughman moved to his current address of
319 Walnut Street. Newport. Perry County. Pennsylvanill17074,
7, On or about May 30. 2003 Plaintilf. Robert Baughman tiled a Petition for Civil
Contempt for Disobedience of a Custody Order and request lor Emergency Injunctive Relief,
8, The Honorable Kevin R, Hess entered anl~mergency order on May 30, 2003
prohibiting Defendant from relocating or fleeing from Pennsylvunia with the minor child and
forwarding the mailer to an appropriate custody conciliator,
9, The minor child has not resided in Cumberlund County since June 2002.
10, The minor child is enrolled and 1I11ending school in Frunklin County. Pennsylvunia,
II. Pursuant to the Pennsylvania Rule of Civil Procedure 1915,2 (a)(I) und the
Uni,form Child Custody Jurisdiction Act. 23 Pa, C.S, Section 5341, et seq.. the proper venue for a
custody action is the home county of the child, The minor child has resided in Franklin County.
Pennsylvania. for approximately eleven (11) months, und Franklin County is clearly the home
county of the minor child. In addition. Plaintiff Robert Baughman does not reside in
Cumberland County, Pennsylvania as he is currently living in Perry County, Pennsylvania,
12. This action should be transferred to Franklin County as it is the home county of
the child pursuant to Pennsylvania Rule of Civil Procedure 1915,2 (a)(I) and the Uniform Child
Custody Jurisdiction Act. 23 Pa, C.S, Section 5341. et seq,. it is also in the liest interest of the
minor child that the Franklin County Court decide the mailer because the child und the child's
mother have a significunt connection with the County und there is available in the county
substantial evidence concerning the child's present or future care. protection. training und
personal relationships,
283319.1
WIX, WENGER & WEIDNER
The Honorable Kevin A. Hess
July 11, 2003
Page 2
The parties previously agreed to the entry of a custody Order, which Order was
entered by this Court on June 13, 1996 ("Order"), A copy of the Order Is attached
hereto and Incorporated herein by reference, Contrary to the assertions In Mother's
Petition, the Order granted shared legal custody of the Minor Child Father!W9 Mother.
The Order granted primary physical custody to Mother, and partial physical custody to
Father. The Order provided a set schedule for Father's periods of partial physical
custody, At the time the Order was entered, Mother lived In Carlisle, Cumberland
County. There Is no dispute that this Order is valid and remains In full force and effect.
The pertinent facts related to the venue Issue are as follows:
Father enjoyed periods of partial physical custody with Minor Child after the entry
of the Order for nearly three years, until Mother moved in 1999, Mother failed to Inform
Father of the relocation, relocate-J without Father's knowledge or consent and without
providing him with her new address, all in violation of the Order, When Father was able
to question Mother as to the child's address, pursuant to paragraph 7 of the Order,
Mother Informed Father that she lived In West Virginia, would not provide any further
Information and denied all requests by Father for visitation with Minor Child, Thereafter,
Mother continued to assert to Father that she lived with the Minor Child In West Virginia,
refused to provide Father with the child's "1tual whereabouts, and prevented all
requested visitation by Father.
Father has recently learned that Mother never moved to West Virginia. In fact,
from 1999 to present, Mother and Minor Child have lived In York County, Cumberland
County, and, most recently, Franklin County. Father believes that Mother resided In
Cumberland County for approximately two years since concealing hor whereabouts,
Mother now asserts In hor Petition that Father has had limited contact with the
Minor Child and has never attempted to follow the Custody Order, Due to Mother's
contempt of this Court's Order and her concealment of the Minor Child's whereabouts,
Father has In fact had limited contact with Minor Child, As outlined In Father's Petition
for Contempt, Father has continually and regularly requested visitation with his daughter
through Mother's mother, which has been continually denied by Mother In contempt of
the Order. Even now, as Mother acknowledges that the Order grants Father partial
physical custody of Minor Child, she continues to deny Father visitation, In clear
contempt of this Court's Order, During all of this time, Father has dutifully paid child
support.
Mother asserts that she and the Minor Child have lived In Fannettsburg,
Pennsylvania since July, 2002, She states that Minor Child is enrolled in school In
Franklin County, This Information as to the Minor Child's whereabouts and enrollment
WIX, WENGER & WEIDNER
The Honorable Kevin A. Hess
July 11, 2003
Page 3
In school Is the IIrst valid, affirmative Information provided to Father In over four years.
Mother has denied Father all Input as to determinations and decisions regarding Minor
Child's upbringing, schooling, and best Interests and has actively thwarted Father's
contact with his daughter,
Because of Mother's refusal to allow Father visitation and because of her refusal
to inform Father of Minor Child's whereabouts, Father had to take extraordinary efforts
and expense to locate Minor Child. Mother had a continuing duty to Inform Father of
Minor Child's whereabouts according to the Order, but continually deceived Father. If
Mother had not continued to conceal Minor Child's whereabouts, Father would have
brought this contempt action months or years ago, when Mother resided In
Shippensburg, Cumberland County. This Court should not reward Mother for her
contempt, misconduct, and concealment of Minor Child's whereabouts by granting
Mother's Petition to Transfer Venue to Franklin County.
Mother asserts that according to the Uniform Child Custody Jurisdiction Act, 23
Pa.C.S.A. ~ 5341 et seq. ("UCCJA"), the proper venue for this action is Franklin County,
We agree that if there were not a custody Order entered In this Court; if mother had not
been in continued contempt of this Court's Order; if mother had informed Father of her
numerous relocations; and if Mother had not continually for a period of over four years
concealed the whereabouts of Minor Child, the six month rule would apply, Howeve~,
under the UCCJA, 23 Pa.C.S,A. ~~ 5349 and 5364, this Court should not transfer venue
to Franklin County because of Mother's contempt, misconduct, and concealment of
Minor Child's whereabouts in relocating Minor Child to another jurisdiction to preclude
Father from asserting his rights.
Section 5349(b) provides:
b. [T]he court shall not exercise Its jurisdiction to modify a custody decree of
another state [county] lithe petitioner, without consent of the person
entitled to custody, has Improperly removed the child from the physical
custody of the person entitled to custody. , , , If the petitioner has violated
any other provl910ns of a custody decree of another state [county], the
court may decline to exercise its jurisdiction, . , ,
Thus, Section 5349 provides that Franklin County should not exercise venue of this
proceeding because the facts creating the need for this action are clearly In violation of
this Court's Order.
Section 5364(f)(2) provides:
WIX, WENGER & WEIDNER
The Honorable Kevin A. Hess
July 11, 2003
Page 4
[T]he court shall not exercise Its jurisdiction to modify a custody decree of
another court If the petitioner, without the consent of the person entitled to
custody, has:
I. Improperly removed the child from the physical custody 01 the
person entitled to custody;
iii. removed the child from the Jurisdiction of the court entering the
decree without 20 days' written notice to the court entering the
decree and any party enlllled to custody or visitation rights under
the terms of the decree,
Further, ~ 5364(f)(2) states that If a party has violated any provision of a custody decree
of another court, the court shall decline to exercise Jurisdiction,
In a similar contempt proceeding, Guadagnino v, Montie, 435 Pa. Super, 603,
646 A,2d 1257 (1994), mother challenged the trial court's denial of transfer of
jurisdiction to Ohio, pursuant to 23 Pa,C,S,A. ~ 5344 of the UCCJA. The defendant
mother had moved with her child to Otllo, against the recommendation of the court's
conciliator, obstructed the transfer of custody to father for his periods of shared custody,
and routinely harassed the plaintiff father. After a hearing on father's contempt petition,
Mother filed a request for the Ohio courts to assume jurisdiction. The Warren County
judge, whose decision was affirmed by the Superior Court, refused to relinquish
Jurisdiction because:
1. Warren County, Pennsylvania was clearly the appropriate venue when the
Initial custody complaint was filed;
2. Mother, Father, and Child were all living in Warren County at the time the
initial custody complaint was flied;
3. Following the initial custody action, Child maintained significant contacts
with Warren County,
Similarly, in this case, Cumberland County was the appropriate venue when the
initial custody complaint was fllad, as Mother and Minor Child lived in Carlisle.
Following the entry of the Custody Order, Mother and Minor Child lived In Cumberland
County for some period of years, during which the Minor Child presumably attended
public school and had other significant contacts with persons in this County. Mother
WIX, WENGER & WEIDNER
The Honorable Kevin A. Hess
July 11, 2003
Page 5
then moved the Minor Child to Franklin County, without the knowledge and consent 01
Father, while continuing to assert to Father that she and Minor Child lived In West
Virginia.
The Guadagnlno court went on to condemn the delendant mother's actions as to
her obstruction 01 visitation and contempt, and stated:
When a custodial parent so obstructs the visits between the child and the
non-custodial parent that the best interest 01 the child are no longer being
served, a change 01 custody is warranted. Moreover, an obstruction 01 the
right to visit the child is especially serious where. . . a court visitation
order has been entered. A custodial parent who willfully ignores a
visitation order and obstructs the child's visits with the non-custodial
parent Is little different Irom the parent who Ignores a court order awarding
custody and by force or trick snatches the child Irom the other parent. , , .
Such conduct will not be tolerated by this Court,
Guadagnlno, 646 A.2d at 1261, citing Pamela J.K, v, Roger D.J" 277 Pa, Super. 579,
419 A.2d 1301 (1980),
Therelore, Cumberland County Is the proper venue because:
a, Mother has been in contempt 01 this Court's Order lor a period 01 over lour
years, and this Court has an interest In seeing that Its orders are complied
with;
b. Mother has continually deceived Father and concealed Minor Child's
whereabouts lor a period 01 over lour years;
c, Father believes that Mother purposelully relocated Minor Child to another
jurisdiction to prevent Father Irom asserting his rights to shared legal
custody and visitation in this Court;
d. . Mother lived in Cumberland County lor approximately two 01 the past lour
years; and
e. Mother continued to deceive and assert to Father that she and Minor Child
lived In West Virginia for over a period of lour years;
On the other hand, translerring venue to Franklin County would:
WIX, WENGER & WEIDNER
The Honorilble Kevin A. Hess
July 11, 2003
Page 6
a. Be Improper under 23 Pa,C.S.A. ~~ 5349 and 5364;
b. Further delay adjudication of Father's rights to shared legal custody
and visitation with Minor Child, By the time the case was
transferred and a conciliation scheduled In Franklin County, Father
could lose the entire summer, which Is an Ideal time for him to be
reunited with his daughter, On the other hand, the Cumberland
County conciliator can easily reschedule a conciliation;
c. Reward Mother for her contempt, misconduct, and concealment of
Minor Child's whereabouts; and
v. Add undue hardship and additional expense to Father for asserting
his rights to shared legal custody and visitation with Minor Child, as
Father and Father's counsel would have to travel to Chambersburg.
Mother's conduct may provide grounds for a criminal proceeding under 18 Pa.C,S.A.
~ 2904, relating to Interference with custody, and ~ 2909, relating to concealment of the
whereabouts of a child. Father has not pursued a criminal action against Mother for her
actions because he Is concerned that the consequences to his Minor Child may not be
In her best Interest. Although Mother has effectively alienated Father from Minor Child,
Father Initiated this contempt proceeding to restore his parental rights In the least
traumatic way possible.
For all of these reasons, Father requests that this Court deny Mother's Petition to
Transfer Venue; retain Jurisdiction over this proceeding; Instruct the conciliator to
reschedule the conciliation conference for the earliest possible time; and compel Mother
to produce Minor Child for visitation with Fllther, according to this Court's original Order,
We are available at the Court's convenience to discuss this matter In more detail should
the court desire a conference call or a conference in chambers.
Respectfully,
WiX( j~nger \&.~e~ne~~: ' 1--'
By:-!_~ ice '< /\, ," .I
David R, Getz /
DRG/ksc
Attachment
cc: Andrew C. Spears, E!sq, (via telecopler and regular mall)
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ROBERT BAUGHMAN,
Plaintiff
IN THE COURT OF CXJol/'IOO PLEAS OF
ctJoIBERLAND a:xJNTl{, PENNSYLVANIA
vs,
NO, 96-2172
CIVIL TERM
GLDlDA SHIPE,
Defendant
IN CUSTODY
CIRDIIR ~ CXXRr
MID IUI, this ,'3' day of t;J."......,.. , 1996, upon
ccnaidtrration of the attached CUstody Conciliation Report, it is ordered and
directed u follows:
1. The rather, Robert Baughman, and the Mother, Glenda Shipe,
shall .have shared legal custody of Alyaea Gerhart, born Decentler 26.. 1991.
2. The Mother shall have primary physical custody of th4t Child.
3. The Father shall have partial physical custody of the Child on
a gradually increuing buis u follows:
A. Q1 Sunday, June 9, 1996 in Carroll Park at a flllllily get
together to includll the Father, the Father's girlfriend
and her child or children, and any othor family meri:lera
the rather desires and the Mother, the Mother's huabend,
the Mother's son and illY other family N\lt)ers aha delliras.
The partiee shall arrange the times for the flllllily get
together by IllUtual agr_nt,
B. On Sunday, June 23, 1996 at a second family get together
u stated above at a time and place to be arranged by the
IllUtual lI9r.-nt of the parties.
C. On Sunday, July 7, 1996 fran 9:00 a.m. until 6:00 p.m.
with the Father.
D. Q1 Sunday, July 21, 1996 fran 9:00 /I,m. until 6:00 p.m.
with the Father.
E. llegiMing AugU8t 3-4, 1996, on slternating weekends fran
Saturday at 12:00 noon until Sunday at 12:00 noon with the
Father.
4. The Father shall provide tran.sportation tor exchanges of
custody under this Order.
~. Custody srrang_nta for holidays and sumner vacations shall
be made by mutual agreoment of the partie..
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6. The Fether eMU have a reuonable ~riod ot custody on
rather's Dey in every year begiMing in 1997 and the Mother shaU have a
reuonable period ot cuatody on every Mother's Dey begiMing in 1997.
7. The parties eMU keep each other intormed ot his or her
current telephone nUlltler and address, It either party intends to remove the
Child tran his or her residence during ~riod.s ot cuatody tor en extended
~riod ot time, that pIlrty eMU provide the non--cuatoclial party with en
addreu and tslephone Ollar where the Child can be reached.
8. Neither pIlrty eMU pasHsa illegal drugs or have alcohol in
his or her residence which is accessible to the Child.
9. This Order ia entered pursuant to an agr_nt ot the parties
at a CwItody Conciliation Conterence. The parUes NY modify the teL_ ot
this Ckder by IlIJtual egr_nt. In the absence ot nutUIIl agreement, the
provisions ot this Order ahall control.
BY THE COURT,
CCI
Scott M. Staller, lIql,:ire
Joan carey, !equ.1re
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IlO8ERT BAUGIIHAN I
Plaintiff
I IN THE COURT Of' ~ PLEAS Of'
ClJMIlERLAND COlJNTY, PmNSYLVANIA
va,
I
: NO. 96-2172
CIVIL TERM
GLDlDA SHIPE,
Def.ndant
: IN ClJSTODY
aB1allr cnCILIATIOl SlMlAU RJ!IIlR1'
DI AO.XlVlMCB IfI'1'II aJ""'-1NlD a:umr RlI,.B at CIVIL PRC) ~ ~
, 1915.3-8, the Wldersigned CUstody Conciliator submits the fOllowing report:
1. The relevant information pertaining to the Child who ia th$
subject of this litigation is as tollows:
!WIB
-
BIRTHOATB
December 26, 1991
~y IN CtISTOOy O!:
Detendant/Mother
Aly... Gerhart
2. A Conciliation Conterence was h~ld on June 4, 1996, with the
tollowing individuals in attendance: The Father, Robert Baug'-n, with his
COlIIlMl, Scott M. Staller, !:IIquir:e, and the Mother, Glenda Shipe, with her
COlIIlMl, Joan Carey, l!:8quire and Matt McClenahen, law student.
3. The Conciliator advised the parties and counsel that she had
worked with the Detendant's mother tour or five years ego when Detendant's
IIlOther was a legal HCAtary at the Department of ~lth. Neither the
rather nor the rather's counael objected to the Conciliator proceeding with
the Conterence.
4. To the parties' credit, the cwrtody iuuea ~re resolved at
the Conterence and the parties agreed to entry ot an Order in the torm ..
attac:had. ~
Dlte 6 / ~ /9" Dawn s. "t:i.f{::/;{1~7
CUstody COnciliator