KIlling the Fathers - A letter from Jeff Golden
Dear Friends:
I have another court date coming up in West Chester, Pennsylvania on Tuesday,
May 15, 2001, but this time (except for a few of you with whom I discussed this)
I'm not looking for courtwatchers. I have decided I'm no longer cooperating in
any way with this biased, discriminatory, confiscatory system, and I'm not going
to be there. I have no more money for lawyers or psychologists.
My daughter Linnea (my oldest) is now emancipated. She became 18 years of age
on September 12, 2000. She is a Parental Alienation Syndrome child and she
refuses to communicate with me. I used to think that, although I missed certain
milestone events in her life, when the court restores our parent-child
relationship will enjoy the remainder of her childhood together. Now this will
never happen. Before her 18th birthday, I filed a petition to modify mother
subsidy (child support). The first step in Pennsylvania is a meeting that is
very similar to mediation. We did that on October 11, 2000. The ex was there
with her mouthpiece (lawyer), who stipulated that since Linnea is now 18, she is
emancipated. The next question is how much should support now be for only one
child. Mediation, or anything like it, is a waste of time in this case because
the ex is never willing to mediate in good faith.
Since we couldn't reach an agreement, the next step is a master's hearing.
This was scheduled for November 21, 2000. But, before the masters hearing could
take place, the ex's mouthpiece filed a petition for contempt for nonpayment,
which was heard before judge James P. MacElree II on November 13, 2000. She
claimed I was ordered to pay $538.65 per month and I wasn't paying it.
I contended that another judge had ordered me to pay $75.00 per month until I
found employment, and I was paying that. When an event occurred that caused me
to believe that the money wasn't getting to the ex, I began escrowing the
payments. I brought proof of the escrowed payments to court. I also said I am
indigent, and asked that, if my liberty was in jeopardy, legal counsel be
appointed for me. This request was denied.
Judge MacElree sentenced me to six months in jail, with a purge if I
paid $1500 and got a job where I work at least 30 hours a week and they can
collect support by wage garnishment. I usually advocate sitting it out in jail,
but, since I already had $825 escrowed, it seemed ludicrous to sit in jail for
six months for $675.
Many of you made contributions toward my ransom (I again thank you all), and
a noncustodial father offered me a job at his business where I would work 30
hours a week at $5.15 per hour. I was released on November 22.
I phoned Chester County Domestic Relations. I asked why, since I was right
down the road in their jail, they didn't bring me to the masters hearing on
November 21? They said they don't have those hearings when you're in jail; they
just cancel it.
I tried to get the hearing rescheduled. At first they said the earliest
available date was in February 2001. After a day of phone calls to various
people in that office, they scheduled it for December 20, 2000. The hearing was
before master Lynn Snyder. They wanted to know my earnings. I testified that, in
the job I was court-ordered to get, I earn $154.50 gross per week, that should
be the amount they use to calculate support for the one remaining child.
There was also a question about how much they could garnish. My
position is that federal consumer protection laws limit it to 55% or 65%. The
ex's mouthpiece brought up a recent Pennsylvania supreme court decision that
says they can take it all!
I'm a little confused about these masters hearings. If the master sits at a
high desk and impersonates a judge, shouldn't she be an impartial arbitrator?
This master was interrogating me like a prosecutor. The master said she would
send her decision in a few days, but I didn't receive it until February. Her
recommendation is that, for only one remaining child, the mommy subsidy payment
should be $536 per month -- a reduction of only $2.65 per month!
The next step in Pennsylvania is to file "exceptions." I did
this on March 6, 2001. A hearing of the exceptions was scheduled before judge
MacElree on May 15, 2001.
In addition to objecting to just about everything in the master's
decision, I asked that, if my liberty would be in jeopardy, legal counsel be
appointed for me. I wrote to the judge several times repeating this request, but
no counsel was assigned. In April I received from the ex's mouthpiece another
Petition for Contempt. Now there was no longer any question about whether or not
my liberty is in jeopardy. At the end of April, MacElree ordered the Chester
County Public Defender to represent me. The case was assigned to Tim Phoebe of
that office.
I left messages or him for two weeks, but he never called me. The ex's
mouthpiece has had a year to familiarize herself with this case. I would have to
bring Mr. Phoebe up to speed on this very complex 12 year old case in only a
week. I finally spoke to him on May 9th, less than a week before the trial. I
believe a lawyer has been assigned to this case that will not be vigorously
advocating for his client.
I have decided that I'm not going to this hearing. In a separate email,
I'm sending you my last letter to MacElree where I tell him why I won't be
there. I have already submitted a brief with my position on the mommy subsidy
issue. The papers I received for the ex's contempt petition were not signed by a
judge, so I'm not ordered to be there for that. Besides, I'm represented by Mr.
Phoebe, who I have directed to request discovery.
I usually ask for courtwatchers when I'm going to be in court. This time I'm
not going to be there, so a big audience is not required. I have asked a few
people to observe and report what happens back to me. If you would like to
attend, please do, but its not necessary this time.
The result of this might be a warrant for my arrest. This is not a good time
for that. First, it will prevent me from picking up my son, Erik, for our
parenting time. The ex would be SURE to have police waiting for me. There are
also several special events coming up: May 25th, Pennsylvania Governor Ridge's
Take Your Father to School Day; June 13th, Erik's middle school graduation; June
17th, Fathers Day; June 29th, Erik's 14th birthday. Is the court really
interested in "best interest of the child?" Are parenting time and
mommy subsidy really two separate, unrelated issues? Are they really interested
in promoting a father-child relationship? Or are they lying, as usual?
If I don't want you to come, why am I writing you now? If I am
arrested, I would like the judge to receive an avalanche of letters supporting
my position. The last time I was jailed, some of you wrote letters to the judge.
Most of these letters were returned to you with a note saying they are ex-parte
communication To prevent that from happening again, please send copies of your
letters to the ex's mouthpiece, Julie Auerbach, and to my public defender, Tim
Phoebe. Everyone's addresses are at the end of this email. I'm also including
the judge's home address in case anyone would like to exercise his First
Amendment Right to Freedom of Expression on picket signs there.
Thanks in advance for your support.
Jeff Golden
Addresses:
The Honorable James P. MacElree, II
Chester County Court of Common Pleas
2 North High St.
West Chester, PA 19380
610-344-6970
home:
James P. MacElree, II
1810 Chestnut Hollow Lane
West Chester, PA 19382-6774
610-793-1010
the ex's mouthpiece:
Julie A. Auerbach, Esq.
Astor Weiss & Kaplan, LLP
The Bellevue, 6th floor
200 South Broad St.
Philadelphia, PA 19102
my public defender:
Tim Phoebe, Esq.
Chester County Public Defender's Office
17 North Church St., Suite 313
West Chester, PA 19380-0991
610-344-6940
public defender's boss: Graham Andes, Esq.
Chester County Public Defender's Office
17 North Church St., Suite 313
West Chester, PA 19380-0991
610-344-6940
