MOTION FOR CONTEMPT
OF COURT AND PETITION FOR SPECIAL RELIEF
IN THE COURT OF COMMON PLEAS
OF LANCASTER COUNTY, PENNSYLVANIA
CIVIL ACTION - CUSTODY
| BENNETT J. VONDERHEIDE |
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VS. |
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No. CI - 02 - 05945 |
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| WENDY LOUISE FLANDERS |
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MOTION FOR CONTEMPT OF COURT
AND PETITION FOR SPECIAL RELIEF
AND NOW,
this 18th day of May 2004, in support of the aforementioned, I, Bennett
J. Vonderheide, do submit the following:
Ms.
Wendy Flanders has carried out a willfully deceitful campaign in complete
contempt of the “ORDER” for custody dated the 13th of September
2002 No. CI-02-05945 (Exhibit A) signed by Wayne G. Hummer, Jr., Judge.
In her contemptuous activity Ms. Flanders has ignored the order of this
court setout in part here as Follows;
“Exhibit
A” ORDER
OF WAYNE G. HUMMER, JR., JUDGE
reads in part:
“Legal
custody of Quinta Zavier Vonderheide, the child of the Parties, shall
be shared by the parents. Each parent shall have the right to participate
in the major decisions affecting the child, including but not limited
to, medical, religious and educational decisions and each parent shall
have equal access to medical, dental and school records, the residence
address of the child and of the other parent”
Specific
Citations of Contempt Activity
1. In the first
instance of this contempt activity, Ms. Flanders unilaterally changed
the child’s name specifically and with the primary intent to
cause physical, psychological and emotional separation from the natural
father and to further her goal of alienation of affection and elimination
of the natural father from all elements of the child’s life,
thought process and activities. (Exhibit A ORDER, Exhibit B The Name
Game)
2. Further, Ms.
Flanders abused the process of law by falsely swearing, falsely testifying
and filing false accusations, PFA’s, PFA violations and criminal
charges causing alarm with all the child’s “new contacts”
and again interfering with Child/Father relationship. To Wit:
Two PFA’s, five PFA violations and two criminal harassment charges
of which:
A. First PFA
dropped without evidence being presented.
B. Second pleaded
to 60 days non-admission (After three postponements and thousands
or dollars spent in legal fees, I was told we could not get in front
of Court to defend).
C. Five PFA
violations claimed by Ms. Flanders of which none were found to be
violations by the Court. (Ms. Flanders had District Attorney and
Victims’ Rights Personnel call police and complain that I
was not arrested. I stated “I love you” in front of
the police officer and Ms. Flanders immediately said, “That’s
a PFA violation.”)
D. Harassment
– After Ms. Flanders went on for twenty minutes on the stand
the Judge threw it out without my testifying or presenting witness
in court to refute Ms. Flanders testimony.
E. Second “CRIMINAL”
harassment where I was advised that I could have to spend a year
in prison based on Ms. Flanders accusations. Ms. Flanders made the
charges in November 2003 about September 2003 activities. I represented
myself pro se. I requested the evidence be reviewed and given to
me by filing two BILLS OF PARTICULARS, DISCOVERY, MOTION TO COMPEL
DA’S OFFICE, etc. The tape recordings involved were finally
reviewed after a ruling by Judge Stengel. After eight months the
DA’s office has now admitted that “At this time, after
reviewing the tape recorded messages provided to our office by Ms.
Wendy Flanders along with all other reports and phone records made
available to us, the Commonwealth has concluded that there is insufficient
evidence to proceed with the charge of Harassment against you in
the above referenced criminal matter”. On this charge alone
Ms. Flanders has so manipulated custody that the child has not had
a visit with his father for five months. In the same process Ms.
Flanders has allowed no more than five contacts on the telephone
between Father and son over the past eight months. In fact Ms. Flanders
had the church ministers and the police direct the father to call
and try to make contact with the child and then Ms. Flanders misrepresented
said calls as being “threatening, harassing, etc” to
create this false criminal harassment charge.
F. Attempted
to violate father’s bail to escalate the charges. Ms. Flanders
used the "CONDITIONS OF BAIL” and further urging by third
parties to break the court order and repeatedly attempt to lure
father into traps.
On each occasion
the filing was used to keep the child away from his father as long
as possible. During these periods Ms. Flanders allowed the child
no phone contact with his father.
NOTE: By way of
demonstrating the long-term pattern of Ms. Flanders I have a large
body of evidence to submit in the case of Mr. John Harris No. CI-99-4401
transpiring the past nine years in Lancaster courts with a near identical
pattern. There is a third case with the first father of Ms. Flanders
three children, which will further demonstrate history and pattern.
In all these three cases with three children and three fathers have
identical behavior by Ms. Flanders over a period of nineteen years.
Interviewing or testimony of the two older children will show the
results of these patterns on the childhood development.
3. Ms. Flanders
having primary physical custody of the child has failed to provide
to the father, advance information on a timely basis regarding school
programs, events, meetings and teacher conferences involving the child.
A. Ms. Flanders
played a game of taunting for months before child entered
Kindergarten refusing to advise the father of where or even if the
child would be going to school and by what name he would be attending.
This was also used by Ms. Flanders to further her accusations of
harassment against father when father requested these answers on
Ms. Flanders phone message machine.
B. Ms. Flanders
eliminated the father from two preschools and any activities by
changing the child’s name numerous times. (See Exhibit B ”name
game”)
C. In fact the
father has not received even the first coloring, paste-work, report
card, newsletter, opportunity to buy pictures, invitation to talent
show, pancake breakfast, etc.
D. Ms. Flanders
has had the child call and invite the father to his baseball practice
and games yet has refused the request to provide the times and locations
of such events and more directly the name and phone # of the coach
so the father can eliminate the subterfuge of Ms. Flanders in the
best interest of the child.
4. Exhibit A reads
in part; “When Mother begins school Father shall have partial
physical custody one night each week, which shall either be a Tuesday
or Wednesday depending upon the child's school schedule, from 4:00
p.m. on such day until 4:00 p.m. on the following day.”
• Instance
of Contempt: Ms. Flanders refused to allow the child to spend the
court ordered time with the father during school, initially restricting
the visits to 4:30 PM – 6:30 PM only. Stating that the father
was not capable of picking the child up or taking the child to school.
When father stated that at a minimum the child could certainly stay
out late with his father since school started at 12:45 PM, Ms. Flanders
scoffed at the father as being inconsiderate of the child’s
best interest and (as always) only interested in hurting Ms. Flanders
through pushing visits which are not in the child’s best interest.
Although child begins school at 12:45 PM he needed all of this time
to rest for school the next day. Thus far through two preschools and
the entire first year of kindergarten Ms. Flanders has absolutely
refused to allow father to take child to or pick child up from school.
• Ms. Flanders
has refused to make the child available for these visits at all over
the past five months (see above).
• On 5/17
I contacted Mr. Wolman to request he instrument the order again for
the weekday visit. On 5/18 Mr. Wolman left a message that Ms. Flanders
had advised that she and I had agreed to 4:30 - 6:30. I explained
the truth as stated above and logic behind it. In an effort to see
the child and not cause confusion I stated that I would accept what
Jim could get her to understand this time. I did explain the benefits
and fatherly reason behind me picking him up at school etc I stated
that Ms. Flanders has claimed to be frightened over and again the
past two years yet every time I try to stay away from her she insists
of contact. Picking up at school and walking to school the next day
eliminates all contact and possibility of fear or paranoia. We could
have done this for every visit if she wanted including weekends. I
stated for the record that anything less than what the order called
for is in direct contempt and further demonstrate Ms. Flanders refusal
to follow the letter, intent or spirit of the court order. I oppose
and do not agree to take any less time any longer and have explained
to Mr. Wolman to please make clear to his client what it means to
follow an order, although she knows and has more experience than most
attorneys. I got a call back from Dafney at Mr. Wolmans office and
was told that Ms. Flanders was willing to allow the visit to go until
7:30 but I needed to feed him in order to get this privilege (my word).
5.
Exhibit A reads in part; The parents shall meet at the Conestoga Wagon
Restaurant to exchange custody.
• Instance
of contempt: Ms. Flanders refused to follow the court order for exchanges
insisting instead that father submit himself to entrapping, specific,
domineering and instigational conditions or Ms. Flanders refused to
make the child available. Combined with condition of bail Ms. Flanders
used this method to keep the child from having any visits over the
past five months. Including Christmas, Easter and all. (Child’s
presents opened 5/15/04). Specifically Ms. Flanders refused to bring
the child to the Wagon restaurant as specified in the court order.
•
Ms. Flanders stated to the counselors at her church that an attorney
had advised her to make these changes on her own. Ms. Flanders told
the child throughout the five-month contempt that the judge told daddy
to come up into her driveway and that his daddy deserved to get arrested
for not following the judge’s orders. Furthermore Ms. Flanders
had the child dress up and wait falsely for the father after refusing
to allow visitation (including Christmas Eve). The child would then
cry and Ms. Flanders expressed what a bad guy the father is for not
visiting the child.
• On May
13th 2004 Mr. James Wolman (Exhibit C) finally came out from the shadows
and admitted he was representing Ms. Flanders in this case. The father
immediately demanded that Mr. Wolman instrument the court order and
explain to his client. Mr. Wolman refused on first call and stated
he had to go. The next morning Mr. Wolman called back and had reconsidered.
The first visit in five months took place on May 14th 2004 (the next
day)
6.
Exhibit A reads in part “Both parents shall permit reasonable
telephone access to the child while the child is in his or her custody.”
• Ms. Flanders
has consistently kept the child from telephone contact at every opportunity
as one example I submit the following two instances;
• June 15th
2003 through June 22nd 2003 the father had the child on family reunion.
As always the father made the child call Ms. Flanders every day. From
June 23 2003 through July 14th 2003 Ms. Flanders took her “equal
time" and completely refused to allow the child to call his father
at all.
• From September
15th through September 29th 2003 the father called twenty three times
leaving a message for the child to return his call. This was with
the help, advice and direction of the local police department, church
counselors and Ms. Flanders psychologist. The child did not call at
all but Ms. Flanders used the records of these calls to file criminal
harassment charges (charges dismissed when District Attorney heard
tapes). During this false charge the child was kept from telephone
contact for the period from September 14th 2003, through May 14, 2004
except for five “well directed, listened in on and word by word
coached by Ms. Flanders. For the record I have witnessed Ms. Flanders
listened in and prompted Bryna AKA Elizabeth, etc on every call her
father ever made to her in my presence.
7. Exhibit A reads
in part; “The parents are encouraged to accommodate the reasonable
requests of the other parent for alterations of any agreed upon Schedule,
as the circumstances and best interests of the child require.”
• Father
agreed to allow the child to return early from his vacation time at
Ms. Flanders request. (June 14th above reunion) Ms. Flanders stated
in writing that she would allow make up of this week’s time
but refused.
• Ms. Flanders
has never once given any additional time or accommodated the father
to modify a visit.
• Ms. Flanders
is not capable of accommodating normal adjustments but rather uses
these opportunities to hurt father by playing him to the end pretending
to “work things out” and inevitably refusing the visit
to occur in the child’s best interest.
• The father
has made deals with Ms. Flanders and requested the child be permitted
to visit his grandparents, aunts, uncles, cousins, friends, etc when
they are in town or having an event but Ms. Flanders has broken her
word and otherwise kept the child from these opportunities each time.
Including keeping him from his own birthday party at the river when
all his relatives came in town last year.
8. Exhibit A
reads in part; Both parents shall encourage the child to love and
respect the other parent and shall not state, nor allow others to
state, in the presence of the child, derogatory comments about the
other parent. Both parents shall encourage the child to have significant
contacts with the other parent, and. shall make certain that the child
is ready on time for the transfer of physical custody from one parent
to the other.
• As with
all contempt Ms. Flanders has broken this part in so many ways I cannot
detail. Therefore I focus on the following demonstrable examples:
• Ms. Flanders
has poisoned the child with derogatory impressions about his father
for over two years now and at every point. First and foremost Ms.
Flanders has consistently found new people and played the abused mother
act soliciting their well-intentioned protection from the child’s
“Bad Daddy”. Ms. Flanders has used the false accusations
and legal filings (see above) to support and convince these individuals
and organizations that the child’s father is a terrible man
and should be feared. That the father has no concern about the child
but only wants to hurt Ms. Flanders. One organization at point is
the Calvary church and Ms. Kathy Yoder as their agent.
Ms. Flanders has brainwashed the child into thinking his father is
completely at fault and Ms. Flanders is just a poor victim. As example
I submit the notes and quotes the most recent visit this week. Quinta
Quotes 5/15/04 (first time alone and visitation after five months
of programming) we go immediately to dinner.
• As soon
as Quinta arrives he launched into an angry episode about how I destroyed
his fort. I explain that I actually had rebuilt it at his sisters
Bryna AKAs’ request after he said he wanted it torn down. I
explain that I spent a thousand dollars on this to “Keep the
connection” (Wendys suggestion) and that Bryna AKA had never
even come to look at it. I changed the subject within a couple sentences
to I love you only stuff. The point is he arrived angry and sure that
I had harmed him.
• At dinner
Quinta speaks loudly to passing waitress but everyone hears and laughs
“My Daddy is filed with hatred and anger”. The first day
I was in his class he introduced me to his friends as “This
is my Daddy – he is filed with hatred and anger”
• Quinta
asks if he can say prayer for dinner “All my regular prayers
and please help Daddy get rid of his hatred and anger so we can spend
more time together”
NOTE: John Harris
and Bryna Harris AKA ELIZABETH Flanders, etc witnessed the dinner
events.
• Next morning,
“With your behavior you will not go to heaven. Me and Mommy
will go to heaven but you will not”.
• “You
should apologize and then you might go to heaven.”
• On phone
talking mentioned Wendy. “Daddy stop it. You’re talking
about my mommy again.” I state – what does your Mommy
talk about all the time, answer “You”
• You are
a liar and you say things to hurt my Mommy. Tried to address this
but not happening yet. Specifically I asked, “What lie did I
ever tell you” Quinta says he knows I am a liar and he will
still think the same when he is fifteen and a half. Again and again
he stated more emphatically “You are a liar, you are a liar,
you make up lies to hurt my Mommy, will still think the same when
he is fifteen and a half, etc”
• “Mommy
does not lie ever.”
• “You
do not pick clothes wisely”, or food or bed time or movies,
or medicine – “Like my Mom.” Is representative of
the fact that he is thoroughly convinced that everything I do, have
done or will do is wrong and of course Mommy knows the correct behavior,
responses, way to live and pathway to heaven.
• The judge
told you to come into Mommy’s driveway to get me.
• You deserve
to get arrested!
• You are
a real “White Man”. White man destroys the earth and killed
all the Indians. When I point out that he is white also he states
angrily “Me and Mommy are Indians and you are White Man”.
• People
only believe you because you tell them before Mommy.
• Libby
(Bryna AKA various names) does not like you because of the mean messages
you left. I asked who told him that and he stated “My Mom”
then covered his lips and gave a look like he should not have said
that.