Reamer v. Reamer

Barnes, J., delivered the opinion of the Court. Marvin E. Reamer was found guilty of contempt of court by the Circuit Court for Harford County for failure to comply with orders of that court, requiring him to pay alimony pendente lite, support and maintenance for his minor children and counsel fees. Reamer has appealed from his conviction and sentence on the contempt charge, alleging that his arrest, the contempt proceeding itself and his incarceration after conviction and sentence violated the applicable Maryland Rules, ignored prior decisions of this Court and lacked due process of law. Although the defendant points to many instances of alleged error in the record before this Court, it is necessary to review only some of the events relating to Reamer’s arrest and hearing to indicate that his conviction must be reversed.

The salient facts are these: 1. Reamer’s wife had been granted a divorce a vinculo matrimonii in February, 1965. The decree required the appellant, Reamer, to pay accrued alimony pendente lite, child support and counsel fees. Constructive service was had against Reamer by order of publication, pursuant to Maryland Rule 105.

He did not appear to contest the divorce action. ⁵³⁴ 2. In June, 1965, the wife, alleging that Reamer had failed to pay “any of the sums mentioned” in the February, 1965 decree, instituted a proceeding in the Circuit Court for Harford County to have the appellant held in constructive contempt of court. 3. The court ordered Reamer to show cause why he should not be adjudged in contempt. The show cause order stated the time and place of hearing and provided “that a copy of the petition [instituting the contempt charge] and of this Order be served on the Defendant, Marvin E. Reamer” on or before the expiration of 14 days. 4.

The petition and order were attempted to be served on one occasion at an address in Prince George’s County, but were returned non est. 5. Some nine months later, in March, 1966, the wife filed another petition. She again alleged Reamer’s failure to comply with the court’s order of February, 1965, as well as an earlier order. 1 The wife alleged “that the Defendant has secreted himself to avoid service of process” and prayed that the court “issue a Bench Warrant for the arrest of Marvin E. Reamer.” 6. The court, presumably because of the last-mentioned allegation, issued the requested bench warrant, and pursuant to it, Reamer was arrested in Prince George’s County in April, 1966. 7.

Reamer was never served with copies of the show cause order and petition nor was he given notice of the date of the hearing on the contempt charge. We believe the conviction and sentence for contempt