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HomeMy WebLinkAbout95-04463 ;1 I; ,VONDA CIlARLENE BADMAN, Plainti ff : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW f( 'l I{ I( r.>l (I" /1'.\ Q_ ....jc"'(V--. NO. ' CUSTODY Ys. CLARENCE E, BADMAN, Defendant ORDBR AND NOW, upon consideration of the Petitioner's Bllergencr Petition for return of her children, it is hereby Ordered and :Decreed this i i ,conciliation ,.' ~ / day of . 1995, that, pending {':l,'-t- .'" " and further order of court, full legal and physical ,custody of the ohildren, Ileather Joleen Badman (DOB 08/10/79) I Angela Susette Badman (DOB 10-06-83) and Brett Josiah Badman (DOB ,I 1;02-08-87) is confirmed in the Petitioner, Vonda Charlene BadmBn. It ,is further ordered and deoreed that the Respondent, Clarence E. , ',Badman, shall immediately return the ohildren, Angela Susette I; Badman and Brett Josiah Badman, to the oustody of the Petitioner 'and to the Commonwealth of Pennsylvania. BY TilE COURT: , /JJ-- .' ~--, "I r :\) , , J: , ,VONDA CHARLENE BADMAN, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW vs, CLARENCE E. BADMAN, Defendant NO. CUSTODY PETITION FOR BNERGBNCY RELIEF i '1. Petitioner is Vonda Charlene Badman, residing at 600 Woodland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065. :: ; '2. Respondent is Clarence E. Badman, an individual residing at 879 Tivoli Circle, Apartment 203r Deerfield Beaoh, Florida 33441. ; :;3. peti tioner and Respondent are the natural parents of three ; ,children: Heather Joleen Badman DOB: 08-10-79 DOB: 10-06-83 DOB: 02-08-87 Angela susette Badman Brett Josiah Badman ". Petitioner files this emergency peti tion seeking immediate return of her minor children, which children Respondent has kept in the state of Florida after the children visited him for a two (2) ,week summer vacation. 5, In support of her petition, Petitioner avers: a) Petitioner has been the children's primary care giver since the children's birth and since the parties physically t: i I' separated in 1992. Respondent had relocated to phoenix, AZ in June of 1992 i I , . :1 I it it I :1 Ii :, \1 :1 " II i I I b) and subsequently to the state of Florida. From June 1992 through August of 1995, Respondent has had virtually no contact or visitation with the children. Visitation consisted i of the following: 1 ) During the period of June of 1992 through January 1993, the Respondent visited with the children approximately one weekend per month. 2) Respondent saw the children for a few days during the Christmas holidays of 1993 while he stayed with his mother in Sunbury, Pennsylvania, 3) Respondent saw the children in August, 1993 for a few hours while Respondent returned to pennsylvania to appear for a support hearing before this Honorable Court. I ii I' i I c) Respondent also had contact with the children by phone irregularly or on an approximate basis of about three (3) times per year since 1993. d) In spring of 1995, Respondent's oldest daughter, Heather, contacted the Respondent to determine if the children could 3 , It d I " " visit with him during the summer of 1995. Respondent, Heather, and Respondent's Mother in Sunbury arranged for the ohildren to visit during the period of August 4, 1995 through August 20, 1995. Respondent's Mother and stepfather were to drive the children from petitioner's house in Mount Holly Springs, to Virginia, where the Respondent's sister lives. Respondent was to pick the children up at his sister's home in Virginia and , drive them to his home in Florida for approximately two weeks. The reverse was to occur on the return trip home with the Respondent driving the children to his sister's home in Virginia and his Mother returning the children from there to the Petitioner's home. e) Petitioner allowed the children to proceed to visit with Respondent based on the above referenced understanding. However, the child Heather has later advised petitioner, that, upon the children's arrival in Virginia, Respondent's Mother asked Respondent when he wanted her to meet them in Virginia for the return trip. Respondent indioated at that time he did not know because that may not be necessary. Petitioner had no knowledge of any consideration by Respondent of an intention to retain the children until Sunday, August 6, 1995, when she spoke with Heather after the children arrived in Florida. Heather confidentially indicated in a phone oonversation with her mother that her father had 4 asked the children to stay to live with him. By the time the younger children arrived in Florida, Angela and Brett had agreed to stay but were not allowed to tell their mother. Petitioner expected this situation would change when it came nearer to the time for the children to return home. After promising Heather she would not to discuss anything with Respondent, Petitioner did not confront the Respondent. .J ;t f) During the week of August 7, 1995, Petitioner talked with the children on various occasions and no mention was made by Respondent of his retaining the children. Petitioner was away on vacation from August 11, 1995 through August 14, 1995 wherein she spoke with them on one occasion. The children were to go to Disney World from Sunday, August 13, 1995 through Tuesday, August 15, 1995 and again no one mentioned the intention of the Respondent to retain the children. ii ,! '! J. g) Petitioner spoke with the parties on August 16th and 17th, 1995. On August 16, 1995, for the first time, Respondent indicated to Petitioner that he was going to retain custody of Angela and Brett and was returning only Ileather to Petitioner by plane on August 20, 1995. Petitioner told him to return all of the children immediately since she had custody. He indicated that he had equal rights to keep the children and since the children allegedly expressed a desire to stay there, he would allow them to remain there. Petitioner indicated that 5 f\ i in order to avoid conflict for the children, if he wanted custody of the children, to do it in a legal way through the courts. Respondent refused and said it was her who would cause the children problems since she would not let them do what the wanted to. :i h) On August 17, 1995, Petitioner's counsel contacted Respondent by telephone to seek amicable return of the younger children. He indicated continued refusal to return the [i children and indicated his reluctance to come to Pennsylvania , to deal with this issue of custody. i) On August 17, 1995, Petitioner spoke again with Heather. The child was extremely upset based upon alleged statements made by the Respondent to the child that Petitioner really did not want Heather to return to Pennsylvania and that Petitioner would not pick her up at the airport. It further became apparent the Respondent had attempted to undermine Heather's resolve to return by making untrue references to her that Petitioner did not want her to come back home. j) On August 20, 1995, Respondent did return Heather by plane but did not return Angela and\or Brett. It is believed and averred that Respondent had made similar references to the younger children which lead them to stay since prior to the visit, the children had never expressed any intention of 6 ii " remaining in Florida. k) Heather has indicated to Petitioner that the Respondent is undermining her with the children. The Respondent has repeatedly told the children that Petitioner only wanted them for the support money and that she does not love them. 1) The child, Brett, that has been enrolled in Rice Elementary school, Boiling Springs School District sinoe 1993 and is entering third (3rd) grade. He is an ADD child and has speech and writing problems. He is enrolled in speech therapy for the fall at Rice and special assistance for his writing difficulties are already prearranged at Rice Elementary. School is set to commence August 29, 1995. It is imperative that he be enrolled as planned and continue with the school he has attended which can address these special needs. Brett is involved in church and karate activities in Pennsylvania. m) The child, Angela, will be entering Boiling Springs High School in the seventh grade, Angela is in the midst of orthodontic treatment here in Pennsylvania. She is involved with karate, the church and has friends in the neighborhood. n) To Petitioner's knowledge, Respondent is currently residing in a one bedroom apartment and the children have been sleeping in sleeping bags since their arrival. 7 i' i )) Petitioner avers and asserts that Respondent willfully did not ; return the children to her and she has no knowledge or expectation I I' :i that they will be allowed to return with a court order from this , 'court and enforoement of same through the courts in the state of ,Florida. , i , ,7) Simultaneously herewith, Petitioner has filed a custody action !: Ii :seeking to establish a court order confirming her status as full i 'llegal and primary physical custodian of the children. A copy of I i'said complaint is attaohed hereto as Exhibit "A" and incorporated ;1 herein by reference. Pending conciliation on said issues, q 'ipetitioner seeks entry of an order providing for the immediate , I I return of the children to her legal and physical custody. j' , ,I WHEREFORE, Petitioner requests entry of an order which 11 "confirms her status as legal and physical custodian of the children ,'and which requires the Respondent to return the children to her " i! ',primary custody pending conciliation of the custody complaint filed , ..,,"m, ,//;/ Dated: August 21/ 1995 //"-/lL!J,..(ik---- ,~arbara-sumple-Sullivan, Esquire , 549 Bridge street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court No. 32317 8 - II :1 11 i\ ;NONDA CHARLENE BADMAN, l~ Plaint:.iff " 'I ,I 'CLARENCE E. BADMAN I i Defendant , I vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. CUSTODY 'i Ii VBRIPICATIOII , !I I, VOIIDA CHARLBIIB BADMAII, hereby certify that the facts I I ilset forth in the foregoing PETITIOII FOR BMERGBIICY RBLIBF are true ,I Ii I land correct to the best of my knowledge, information and belief. I ::1 understand that any false statements made herein are subject to , !'penalties of 18 Pa. C.S.A. " Ii Ilfalsification to authorities. iI II 'I II I: \jDated: .f -;2/-9~- Section 4904 relating to unsworn {./ d {" II ,1- -~ ',I.. ~ I.L I ;.,Il( CI H [\ld. ,,,.t.o-- VONDA CHARLENE BADMAN It I. :1 i: i I: il 11 !I j! !i ! 11 I: EXHIBIT" A" ;1 ~ ! 'IVONDA CIIARLENE BADMAN, 'I Plaintiff il " ,. ICLaRENCE E BaDMaN 'I n . n n, Defendant vs. IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 1995, at _' M., for a Pre-lIearing 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. FOR THE COURT, By: Cuslody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities 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 hearing. YOU SHOULD TAKE 'I'IIIS PAPER '1'0 YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVE A LAWYER OR CANNOT An'ORD ONE, 00 TO OR TELEPIIONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP. OFFICE OF TilE COURT ADMINISTRATOR COUR'I'HOUSE, 4TH FLOOR CARLISLE, VA 17013 (717) 240-6200 ,I , :i ;, ,: ilvONDA CHARLENE BADMAN, ;, Plaintiff II Ij VS. II 'IICLARENCE E. BADMAN, I Defendant i I' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. CUSTODY ORDER OF COURT You, CLARENCE E. BADMAN, Defendant, have been sued in Court to obtain oustody, partial custody or visitation of the children: HEATHER JOLEE" BADMAN. ANGELA SUSETTE BADMAN. and BRETT JOSIAH BADMAN. You are ordered to appear in person at on O'clock for: ( ] a conciliation or mediation conference ( ) a pretrial conference ( ] a hearing before the Court If you fail to appear as provided by this Order an Order for Custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SIIOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCB. IF YOU DO "NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TBLEPHONB THB , OFFICE SET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HELP. " OFFICE OF THE COURT ADMINISTRATOR COURTIIOUSE, 4'1'11 nOOR CARLISLE, I'A 11013 (717) 240-6200 2 ;i at 'I , " ;'1 VONDA CHARLENE BADMAN, I Plaintiff il I' Ii : 'CLARENCE E. BADMAN, , I, Defendant IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW NO. CUSTODY il " " COMPI.AINT FOR CUSTODY 1. The Plaintiff is Vonda Charlene Badman, residing at 600 Woodland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Clarence E. Badman, residlng at 879 Tivoli Circle, Apartment 203, Deerfield Beach, Florida 33441. 3. Plaintiff seeks sole legal oustody and physical custody of the following children: DaB: 08-10-79 600 Woodland Avenue Mount Holly Springs Pennsylvania 17065 DaB: 10-06-83 600 Woodland Avenue Mount Holly Springs , Pennsylvania 17065 DaB: 02-08-87 600 Woodland Avenue Mount 1I011y Springs Pennsylvania 17065 The children were not born out of wedlock. Heather Joleen Badman Angela susette Badman Brett Josiah Badman The children are presently in lhe custody of Defendant who has retained them after a scheduled two week summer vacation wilh him and without prior notification and/or lhe consent of Plaintiff. II lipriOr to this episode, the ohildren have resided with the Plaintiff I',at her home at 600 Woodland Ave, Mount Holly Springs, PA 17065 and ' I,had not seen the Defendant since 1993. I: " " :' During the past five (5) years, the children have resided with II ,the following persons and at the following addresses: 'i , 'PERSONS ADDRESSES DATES Vonda Charlene Badman ,Heather Joleen Badman : Angela Susette Badman Brett Josiah Badman Wendy Susette Keirn Jennifer Lynn Keirn Jill Renee Keirn 600 Woodland Avenue Mount Holly Springs Pennsylvania 17065 8/1993 - Present Vonda Charlene Badman Heather Joleen Badman Angela Susette Badman Brett Josiah Badman 3 Carlton Court Camp Hill, PA 17011 6/1992 - 8/1993 Clarenoe E. Badman Vonda Charlene Badman Heather Joleen Badman Angela Susette Badman Brett Josiah Badman 3 Carlton Court Camp Hill, PA 17011 3/1990 - 6/1992 Clarence E. Badman Vonda Charlene Badman Heather Joleen Badman Angela Susette Badman Brett Josiah 'Badman 10 Marshall Drive Camp Hill, PA 17011 7/1989 - 3/1990 The mother of the children is Vonda Charlene Badman, currently residing at 600 woodland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065. She is married. The father of the children is Clarence E. Badman, currently ,residing at 879 Tivoli Circle, Apartment 203, Deerfield Beaoh, Florida 33441. I, , " , " , q \, 4. The relationship of the Plaintiff to that of the ohildren \\is that of mother. I, \\fOllOWing persons: I~ He is married. The plaintiff currently resides with the RELATIONSHIP iHeather Joleen Badman 'Angela Susette Badman Brett Josiah Badman Wendy susette Keirn "Jennifer Lynn Keirn Jill Renee Keirn Daughter Daughter Son Sister Niece (Age 19) Niece (Age 16) 5. The relationship of the Defendant to the children is that of father. The Defendant currently resides with the following persons: rwm RELATIONSHIP Alone 6. plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. plainti ff does not know of a person not a party to the 1 proceedings who has physioal custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting lhe relief requested becaus~: 5 01 I: I I 11 11 a) b) Defendant has not made any effort to act as a parent to the ohildren since 1992 when the parties physically separated. Defendant had little physical or phone contact with the children and has provided no involvement in their lives but for the provision of the court ordered support. Defendant has acted without regard for the emotional and physical well being of the children by taking actions which negatively impact on the children. These actions include, but are not limited to, disrupting the children's lives by simply retaining the younger two (2) children in norida after a scheduled two (2) week visitation. ,; c) Defendant has served as a destructive force in the childrens' lives and attempted to undermine the stability of the childrens' home and their continuation in lhe community and their schools. d) Defendant is unstable and unreliable, and has exhibited irrational and impulsive behavior which negatively impacls on the children's emotional well being and their home with Plaintiff. e) Plainliff has been the children's primary custodian since the children's birth and is better suited to provide for lhe childrens' physical, intellectual, moral and spiritual well being. 8. Each parent who has a claim for physical custody of the childrer have beon named as parties to lhis action. .. WHEREFORE, the Plainliff reques grant full legal and physical custody of the S Dated: August 21, 1995 Ii B~r~ar Sump e-Sulllvan, quire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Suprome Court No. 32317 6 ,1 Ii :1 " 1 II I II II IVONDA CHARLENE BADMAN, Ii Plaintiff Ii ICLARENCE E. BADMAN, Ii Defendant I' ,I vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. CUSTODY VERIFICATION I, VONDA CIIARLBNE BADMAN, hereby certify that the faots set forth in the foregoing COMPLAINT FOR CUSTODY are true and correot to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: .Jj,~ j. f.-:; --- /, /i,.' '/'/,' ." L I~ (( !I / I (~t (6 dl' ( :~/f~ '~r, ,t ,'1\.__ VONDA CHARLENE BADMAN ". , i' I I' , ,. " , II , , W' ~r: ~ utt;~..t aD UZL'J o ,;;nL.....' 1~"1~n:.. 7* I';' ~ . ~ ~~ , " jUl ,- d: 2- _ '.,.jh'Z, r-..J > - I\i'''' ,', :L ,) L7 ., ~ OL~ .. . AUG :~ I nT',. . l ~J ~ l. Qc:i ~ li f ~/ z ~ ~ r- 3 i g ~ ! ~ t: . w ~ ~!ia ~ 5 ~ i . ~!D ~ ~ ~ ffi m ~ a ~ ~ i.. VONDA CHARLENE BADMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW (i'j I; Ii (. ~ (I",: ( 'c) I ( It '" NO. CUSTODY vs. CLARENCE E. BADMAN, Defendant ORDER OF COURT AND NOW, Ill"l .)11,/1,,/\ , upon consideration of the attached complaint, - it Is hereby directed that ,th\l p.,rties _and their respective counsel appear before '" k,,' l f~vl'" ~ , the cp!l.q~liator, at ')" <:;. , , .. I on the ~ day of , 1995, at . M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disputel 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. FOR THE COURT, By: (\4L~k{ . J Custody Conciliator - . t' -c( ..WJ The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contaot 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 hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BET FOR'I'II BELOW '1'0 FIND OUT WIIERE YOU CAN OET LEGAl. IIELP. OFFICE OF THE COURT ADMINIS'I'RA'I'OR COUR'I'IIOUSE, 4'1'11 ~'LOOR CARLISLE, PA 17013 (717) 240-6200 " Jt t 11'( ''':;/1 in) I" 't;'1 ' l.It ~!, '. .Iuc 29 2 2! rH '95 (~fli/f {~j d~/ /I/;i.(// -(, /)'. .dt"yd -~,(/'11~~'- 1/d't/rs- 'ltt.l(( Ii/It .tll /.\ d-It' flplfl (hI'; ~ud .;,. Y!l. ~1t1c'1 T!ll . :VONDA CHARLENE BADMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW vs. i,CLARENCE E. BADMAN, Defendant NO. CUSTODY ORDER OF COURT You, CLARENCE E. BADMAN, Defendant, have been sued in Court to obtain custody, partial custody or visitation of the children: ,HEATHER JOLEEN BADMAN. ANGELA SUSETTE BADMAN. and BRETT JOSIAH i ; BADMAN . jj ,i 'I You are ordered to appear in person at on d O'clock for: !! '; ( ) a conciliation or mediation conference ( ] a pretrial conference ( ] a hearing before the Court " If you fail to appear as provided by this Order an Order for I Custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SIIOULD TAKB TIIIB PAPER TO YOUR LAWYER AT ONCB. IF YOU DO , NOT HAVB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONB THB OFFICB BET FORTH BELOW TO FIND OUT WIIERE YOU CAN GET LEGAL HBLP. OFFICE OF TilE COURT ADMINISTRATOR COURTHOUSE, 4TII FLOOR CARLIBLE, PA 17013 (717) 240-6200 2 at j1 VONDA CHARLENE BADMAN, Plaintiff IN THE COURT OF COMMON PLEAB CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LAW CLARENCE E. BADMAN, Defendant NO. CUSTODY ,j COMPLAINT FOR CUBTODY !i " 1. The Plaintiff is Vonda Charlene Badman, residing at 600 ; !Woodland , Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065. :! 2. Defendant is Clarence E. Badman, residing at 879 Tivoli Ciro)e, Apartment 203, Deerfield Beach, Florida 33441. 3. Plaintiff seeks sole legal custody and physical oustody :of the following children: Heather Joleen Badman DOB: 08-10-79 600 Woodland Avenue Mount Holly Springs Pennsylvania 17065 DaB: 10-06-83 600 Woodland Avenue Mount Holly Springs Pennsylvania 17065 DOB: 02-08-87 600 Woodland Avenue Mount Holly Springs Pennsylvania 17065 The children were not born out of wedlock. Angela Susette Badman Brett Josiah Badman The children are presently in the custody of Defendant who has retained them after a scheduled two week summer vaoation with him and without prior notification and/or the consent of Plaintiff. " Prior to this episode, the children have resided with the Plaintiff , at her home at 600 Woodland Ave, Mount Holly Springs, PA 17065 and " : had not seen the Defendant since 1993. During the past five (5) years, the children have resided with 'the following persons and at the following addresses: , 'PERSONS !i ,;Vonda Charlene Badman '[Heather Joleen Badman 'Angela Susette Badman "Brett Josiah Badman iWendy Busette Keirn :Jennifer Lynn Keirn ;Jill Renee Keim ,Vonda Charlene Badman 'iHeather Joleen Badman 'Angela Susette Badman I ;Brett Josiah Badman : 'Clarence E. Badman ',Vonda Charlene Itadman ;Heather Joleen Badman :Angela Susette Badman lBrett Josiah Badman Clarence E. Badman i : Vonda Charlene Badman [Heather Joleen Badman ':Angela Susette Badman ,'Brett Josiah Badman , , " ADDRESSES DATES 600 Woodland Avenue Mount Holly Springs Pennsylvania 17065 8/1993 - Present 3 Carlton Court Camp Hill, PA 17011 6/1992 - 8/1993 3 Carlton Court Camp Hill, PA 17011 3/1990 - 6/1992 10 Marshall Drive Camp Hill, PA 17011 7/1989 - 3/1990 The mother of the children is Vonda Charlene Badman, currently residing at 600 Woodland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania 17065. She is married. The father of the children is Clarence E. Badman, currently residing at 879 Tivoli Circle, Apartment 203, Deerfield Beach, Florida 33441. He is married. 4. The relationship of the Plaintiff to that of the ohildren ! 'is that of mother. The Plaintiff currently resides with the "following persons l Ii , RELATIONSHIP liAU ,Heather Joleen Badman Angela Susette Badman 'Brett Josiah Badman Wendy Susette Keim IJennifer Lynn Keim 'Jill Renee Keim Daughter Daughter Son Sister Niece (Age 19) Niece (Age 16) 5. The relationship of the Defendant to the children is that ; of father. The Defendant currently resides with the following i ., i 'persons: liAU RELATIONSHIP 'Alone 6. Plaintiff has not participated as a party or a witness, or I .in another capacity, in other litigation concerning the custody of the ohildren in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to tho proceedings who has physical custody of the children or olaims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: 5 a) Defendant has not made any effort to aot as a parent to the children since 1992 when the parties physically separated. Defendant had little physical or phone oontaot wit.h the children and has provided no involvement in their lives but for the provision of the court ordered support. Defendant has acted without regard for the emotional and physical well being of the children by taking actions which negatively impact. on the children. These actions include, but are not limited to, disrupting the children's lives by simply retaining the younger two (2) children in Florida after a soheduled two (2) week visi tation. b) ii 0) Defendant has served as a destructive force in the childrens' lives and attempted to undermine the stability of the childrens' home and their continuation in the community and their schools. d) Defendant is unstable and unreliable, and has exhibited irrational and impulsive behavior which negatively impacts on the children's emotional well being and their home with Plaintiff. e) Plaintiff has been the children's primary custodian since the children's birth and is better suited to provide for the childrens' physical, intellectual, moral and spiritual well being. 8. Each parent who has a claim for physical custody of the children have been named as parties to s action. WHEREFORE, the Plaintiff reques legal and physical oustody of the c Ilarbar Sumple-Sulllvan, quire 549 Bridge street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court No. 32317 grant full Dated: August 21, 1995 6 ,I " VONDA CHARLENE BADMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW , " ,! VS. ICLARENCE E. BADMAN, I; Defendant NO. CUSTODY if :' , , VERIFICATIOII I :i " " 'i I, VONDA CHARLBNE BADMAN, hereby certify that the facts '! : set forth in the foregoing COMPLAINT FOR CUSTODY are true and " ;~orrect to the best of my knowledge, information and belief. I " " 'understand that any false statements made herein are subject to 11 !penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn ! : 'falsification to authorities. 'I " I' 11 II ,Dated: f:,c.2 /- Y;j - i l))ut n( ~ -1L--1 " :1 '1~_'l d.t f' j,tcf/.t IU' VONDA CHARLENE BADMAN '" ~ :'ie: ':It: ..c .~ Wlt", ::,,,,, C- U...V7. Y!. ~r=tu", _ U..'r::.":)>" ,"11 r.1 -:2"' ,..,"" . jlll 1 "I" 1";'''' do..J ,": 1,1 0' '(,jl.:J . - r-J ,g ,.;J .... ~ '" III ~ d ~ B > t: ~Ei ~ ~ ~ ~ t: II. ~ Z o ::E 9 w ~ iP 11.. c .. 0 o:~~ ~ ffi ~ ~ 1Il a ~ -::. ...0 V, '" ~ ~ ~ \ \;; ~ N\ ~~ ~ '- . .-L ~~ ~ _ <:--i, '.' 'I VONDA CHARLENE BADMAN Plllntlff I ) ) ) ) I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 96.4463 CIVIL TERM IN DIVORCE VI. CLARENCE E. BADMAN Dlflndlnt ORDER AND NOW, thll l'i' dlyof Do.: ~< 1.- , 1996, upon conlldlrltlon of thl Ittlched CUltody Conciliation Report, It II ordered and directed II folloWI: Primary legll Ind phYllcal cUltody of the minor children, Helthlr Joleln Bldmln, d.o.b. 10 Augult 1979, Angell SUlette Bldmen, d.o.b. 6 October 19B3, and Brett JOllah Badman, d.o.b. B Flbrulry 1 9B7, II grlnted to Methlr, Vonda Chlrlene Bldmln. BY THE COURT. J. Barbara Sumple.Sulllvan, Elqulra Attorney for Plaintiff to.t:l~' "",,,L.t lo/11/QS., -~ I . Mr. Clarsnce E. Badman 879 Tlvoll Circle, Apt. 203 Oearflald Baach, FL 33441 mlb 'i ';1; ..,'! :; '.~ -, r ;:y "'I Ocr /9 1/ 22 IIH '95 VONDA CHARLENE BADMAN Plaintiff ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 95-4463 CIVIL TERM IN DIVORCE CLARENCE E. BADMAN Dafendant JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-Blb), the undersigned Custody Conciliator submits the following report: 1. The pertinent Information concerning the children who are the subject of this litigation are as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Heather Jolean Bsdman Angsla Susette Badman Brett Josiah Badman 10 August 1979 6 October 1983 9 Februsry 1 987 Plaintiff/Mother Plalntlff/Mothar Plaintiff/Mother 2. A Conciliation Conference was held on 12 October 1995, and the following Indlvldusls were present: the Plalnllff and her attorney, Barbara Sumple- Sullivan, Esquire. The Defendent did not appear for the conference nor did he havs 1 counsel appsar on his behalf. The Defendant was served and contacted the Conciliator directly about the conference as well as contacting opposing counssl. 3. Itama resolved by agreement: None. 4. Issuas yet to ba resolved: None. 5. The Plaintiff's I)osltlon on custody Is as follows: Plaintiff requests that a final ordar be entersd giving her primary physical and legal custody of the children " given tha Incldsnt over the summer whereby Father absconded with the children and refused to return them to Psnnsylvanla. 6. Ths Dafendsnt's position on custody Is es follows: Unknown. 7. Nasd for separate counsel to represent children: none. 8. Need for Indepsndent psychological evaluation or co un saling: none. 9. Other matters and comments: Mother Is the primary custodlel parent of ths three children. She allowed the children to visit with their Father In Florida over the summer. Father then refused to return the children. Mother had to obtain an emergency Order which wss signed by this Court on 21 August 1995. Despite the emergency Order, Father flied sn patltion In Florida seeking to retain the children. The Florida court ordered the children to be returned and Indicated that Pennsylvania was the proper jurlsdlotlon. In light of Defendant's absolute disregard for eny order of court, It Is recommended that the Order be entered as Indicated. 2 I have ettached en order In this case astabllshlng the custodial rights of the Mother. Date: 17 October 1996 ) Michael L. Bangs Custody Conciliator 3