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Home My WebLink About01-2639 FX SAlOIS SHUFF, FLOWER & LINDSAY AITORNEVS'AT'LAW 26 W. High Street Carlisle, P A I! J MAY 1 2 2004 ~ PATRICK A. BINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY ORDER OF COURT AND now, this day of the attached Petition for Modification, it respective counsel appear before , 2004, upon consideration of is hereby directed that the parties and their , the conciliator, at , on the day of , 2004, at o'clock _' m. for a pre-hearing 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By: Custody Conciliator 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, PLEAS contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. By the Court, Date: J. ~",,9-' - ~ '.!;'- ~""'S? 'c. 'r.""_"-~ ""?"'i"",q':'"-'"""'"'."".f,"""~_ __,-'. ",Z~,"'Y_~"l,,"'_' ,_ ,. .~" m';r -~,__,O,"'_"..,' ___~',_~"____ _<"' ,_,.~,_ "0,'" ,n _" .., , c SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A T~~ 'i PATRICK A. BINGER, : IN THE COURT OF COMMON PLEASE OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY ORDER OF COURT AND now, this day of , 2001, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at , on the day of , 2001, at o'clock _' m. for a pre-hearing 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, By: Custody Conciliator 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 ~,. _"<_' ,"~".','- .J~ ,~__, '-"e.'~,",",~J '" ',"'1.~""" ,,""_,~,., _ .___ _ _,'" _., ,," .' ,.", '_",," _~ . . 1~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A if" , ',. J",-~," '! AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans 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. By the Court, Date: J. ~_, v' ~~. ~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P ATRlCK A. BINGER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY NO. 2001- l~ 3' DONNA C. BROOKS, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. YelU may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 NOTlCIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado yarchivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualguier quej a 0 alivio que es pedido en la peticion de demanda. U sted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVEESTADEMANDAA UN ABOGADO lMMEDIATAMENTE. SINOTIENEABOGADO o SINO TIENE ELDINERO SOFICIENTEDEPAGAR TALSERVICO, V AY AENPERSONAL 't'~.IIlI'.,"_". ~ r ',_I , 1 ,,"'- ~ I ' 'I - . o LLAME POR TELEFONO A LA OFICINA CUY ADIRECCION SE ENCUENTRA ESCRIIA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ 1fJf/ Michael J. Hanft, Esq re Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 Attorney for Plaintiff ~'""",,,,.,,,", .r 1''''1- ',1 . . -..;" 'oo _"m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICKA. BINGER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY NO.2001- :2 {.-3 <1 &;.J ~ DONNA C. BROOKS, Defendant COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 1st day of May, 2001, comes Plaintiff, PATRICK A. BINGER, by and through his attorneys, Law Office of Michael J. Hanft, and files the following Complaint for Primary Custody in support thereof avers as follows: 1. The P1aintiffis Patrick A. Binger, an adult individual residing at 2321 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Donna C. Brooks, an adult individual residing at 5033 East Trind1e Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff seeks primary custody and visitation of the following child: Name Kyle M. Binger Present Residence Age 5033 East Trind1e Road 10 Mechanicsburg, P A 17050 D/O/B 07/07/1990 The child was not born out of wedlock. The child is presently in the physical custody of the Defendant, Donna C. Brooks. In addition to the child's present address, during the past five years, the child has resided with either Plaintiff or Defendant at the following addresses: 2321 Walnut Bottom Road, Carlisle, PA 17013 ;"'I'r.;'.'~.~~ ~,. . ,~ ~~ 1- 0'1' , j .......~ ~.,"""'~ The mother of the child is the Defendant, who resides at 5033 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. The father of the child is Plaintiff, who resides at 2321 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17050. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with Debra Zeigler. 5. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with her husband, Russell Brooks. 6. Plaintiff has participated as a party in other litigation concerning the custody of the child in the Court of Common Pleas of the 41 st Judicial District - Perry County Branch. A copy of the December 22, 1994 Order entered by said Court is attached hereto as Exhibit "A." The Plaintiffhas no information of a custody proceeding concerning the custody of the child in any other court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) The Plaintiff has had shared physical and legal custody ofthe child since the child's birth; b) The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiff is, and has always been, willing to accept custody of the child; and O'>W!llj'!1.~flll - ."~~. II I" 1 ' r~. I' :....._-"~~ "'" d) The Plaintiff continues to exercise parental duties and responsibilities and enjoys the love and affection of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child. WHEREFORE, Plaintiff respectfully requests Your Honorable Court grant Plaintiffprimary physical and shared legal custody of Kyle M. Binger. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Mi ael J. Hanft, Es ire Attorney ill No. 57 76 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 Attorney for Plaintiff F:\tJser Fo]der\Finn Docs\Gendocs2001\] 870--]custody.complarnt.wpd '-'j~,: 'r '"1" ~ ~ I VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ..;:' .nk.JJ 19 -8~tU/ Patrick A. Binger "-"'"','I\f!l. ,,! I i' ,~,.,~ -~ ~ " l DONNA C. BINGER : IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT v. : OF PENNSYLVANIA : PERRY COUNTY BRANCH PATRICK A. BINGER : NO. 93-497 o R D E R AND NOW, December 22, 1994, upon agreement of the parties hereto, it is hereby ORDERED AND DIRECTED as follows: 1. The parties will ha~ share~ or -=. ,d 3: .:.. - .~.:; -i ~~ c:J ;:;! ,.' m -'f pri~-ary Jhy~cal .9~ co ~ joint legal custody of the children. 2. Mother shall have custody of the children. . ~ :..,., ~ -- ::=> \0 Father shall have per~ds~f ~mporary or partial -:: w ---- physical custody of the children onthe fol~wing schedule: 3. (a) During the period of time during the school year when the father is not working on Friday, Saturday and Sunday, he will pick the children up at the end of Corey's school day on Friday afternoon and retain physical custody of the children until Sunday evening at 8:00 P.M. when father shall deliver the children to the . mother's residence: (b) During the weeks when father does not work Monday, Tuesday and Wednesday, father shall have physical custody of the children on Wednesday evening from end of Corey's school day until 8:00 P.M. when father shall deliver the children to mother's residence: '<mlllf' -'f '.".....,.,. l PROTHONOTARY " , , '11-1''- 1 ~ - I - ~ "~ p~ ~" I r "~- '~r___:.=. "--2 ~'.' .u - ~., ,~ ~ ,I " (c) During the summer vacation months \Jhen fathe!:" is not \Jo!:"king on Monday, Tuesday and Wednesday, he shall have both child!:"en f!:"om Sunday evening at 7:30 P.M. until Wednesday evening at 8:00 P.M. when fathe!:" shall delive!:" the child!:"en to the mothe!:"'s !:"esidence; (d) Du!:"ing the summe!:" months, the parties shall each have the child!:"en for two (2) weeks vacation and they shall equally share the summer weekends. Mothe!:" will notify father of her t\JO (2) weeks by Ap!:"il 1st of each year. Father shall notify mother by April 15th of each yea!:" of the two (2) weeks of vacation and the weekends when he will exe!:"cise pa!:"tial custody. 4. During the Christmas holiday season, the pa!:"ties will alternate the following periods of time of physical custody: (a) From 5:00 P.M. on the last day of school prior to Ch!:"istmas until 1:00 P.M. on Christmas Day; and (b) F!:"om 1:00 P.M. on Christmas day until 7:30 P.M. on the 29th of December. (c) Mother shall have the fi!:"st period of time set forth above fo!:" Ch!:"istmas, 1994, and father shall have the second period. These periods shall alternate each year the!:"eafter. The - 2 - -,,<""'~ -c''''' -"'IPO. ....o~ IT 'I' .- """,",''''''._0' "'"' "'''''~' ,v", ~~ " )1 " It . .1 " l' " ~ ! " :1 pe~iod of time when fathe~ has physical custody of the child~en ove~ the Ch~istmas season as indicated above shall exist as long as fathe~ is not wo~king. 5. Du~ing the Thanksgiving holiday season, the pa~ties shall alte~nate pe~iods of physical custody of the child~en 50 that one pa~ty has the child~en f~om 3:00 P.M. on the Wednesday befo~e Thanksgiving until 8:00 P.M. on Thanksgiving Day. Mothe~ will have physical custody of the child~en fo~ Thanksgiving, 1995. Fathe~'s pe~iods of physical custody ove~ the Thanksgiving holiday shall exist as long as fathe~ is not wo~king du~ing that time. 6. The pa~ties ag~ee to alte~nate the following holidays: New Yea~'s Day, Easte~ Sunday, Memo~ial Day, 4th of July, and Labo~ Day. Fathe~ shall have New Yea~'s Day in 1995. In the event that fathe~ is wo~king du~ing the pe~iod when he is to have a holiday, the child~en shall ~emain in the custody of mothe~ and mothe~ shall give conside~ation to fathe~'s ~equest fo~ additional time in that event. vacations and holidays shall supersede all ether pe~iods of pa~tial custody. 7. The pa~ties ag~ee that the child~en will always spend Mothe~'s Day with mothe~ and Fathe~'s Day with fathe~. It is unde~stood that the child~en will be with fathe~ on Fathe~'s Day as long as fathe~ is not wo~king. The pe~iod fo~ Mothe~'s Day and Fathe~'s Day shall be f~om 9:00 A.M. until 7:30 P.M. 8. When fathe~ is not wo~king and mothe~ is wo~king, - 3 - 1" " r 1 1--"-- ___: .' ! , " " I: I' and I! I' ,I I I the children are off school or have an early dismissal, father shall be entitled to pick the children up at 7:30 A.M. and retain physical custody of the children until 8:00 P.M. on that day. Father must notify mother of his intention to exercise these periods of temporary custody at least one (1) week prior to the date. The parties acknowledge that as the children grow older, their activities at school and in the Mechanicsburg area will likely increase. Father will accommodate any schedule of partial custody to see to it that the children get to their activities or medical appointments. 9. Each party shall be entitled to have uninhibited telephone contact with the children when they are in the other parents' custody, with the understanding that this telephone contact shall not be extraordinary. 10. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 11. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love - 4 - """r~~1'lI,.J .,JII/iJl'fll ',1- r r.,!, I~~ '",;,.'-^-~"."" ''''"~ . ~ ..~~,.. -~ !! , ;,'-:'1")!'I!~lIl.~ ",' or affection for the other party. 12. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing. 'I CC: iii- r I CaE9-l Lindsay, Esq. . ~adley Griffie, Esq. File I' '" ,",- BY THE COURT: C. MP, JUDGE - 5 - " 1ll.,4 . PATRICKA. BINGER PLAINTIFF V. DONNA C. BROOKS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2639 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 09, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, May 23, 2001 at 1:30 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Tacqueline M. Vern~. Esq.1JP Custody Conciliator k The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ---"",,lJ.l-!ll_ " ".' , , . - L~>liW,j>!la!>'!L_~';ill.,~m:.!"hllil^;2_-;';Iili~;ill;"'''r,w*,~,ti',~'''~'."",., ,.'L.",O ~~.li);!jilt~~~ ',~_ ~ _~ ~~" ~,,-~ ~>L_*=':'!>.~.illllili~~&t~~ ~"'''::,b,.liiIl:i''"--~"",",~ >-'--" U"} I ':1)1 V I 0"" P' I:,~ I [rd; _ ,t'l :3:22 CUi~W~~l~~~R~~~~UN7Y f/t!,(}/ dtd- c'~ ~ ~ 4ityf, 5'/~-tJl 'J1~ ~ ~ ~' _5';/0-0/ %~ ~ df~~#- ,,'~"'" lULL [l.~LUULIJt~.,~,.],AJtJ,lU,,,"J])u,LL~,1l"1,,~~LJ,_,," w."" ,,', "," _, "~,",-."h. "' 0" .~.., '_~,^ , ~. ~. ., ., "^ " TIl1h, -- ~J~_", ';.~ ". . ",. . -J MAY 0 3 2001rjJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICKA. BINGER, Plaintiff v. CIVIL ACTION - LAW IN CUSTODY DONNA C. BROOKS, Defendant NO. 2001- /}&37 ORDER OF COURT AND NOW, this day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel shall appear before , the Conciliator, at on the day of , 2001 at .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis carmot 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 sha1l/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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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. A1l 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ., '1 ' " I II ~.,.,..~,~ "~ -~,,_,.4illt< 1"'" '" ~ ~ . .... '1~~"" JUL 1 2 2601/7 PATRICK A. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : NO. 2001-2639 CIVIL TERM : CIVIL ACTION - LAW V. DONNA C. BROOKS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this jlo dayof ~ consideration of the attached Custody Conciliatio follows: ,2001, upon Report, it is ordered and directed as 1. The Father, Patrick A. Binger, and the Mother, Donna C. Brooks, shall have shared legal custody of Kyle M. Binger, born July 7,1990 and Cory A. Binger, born May 17, 1987. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, al! decisions regarding their health, education and religion. 2. Starting June 11,2001 and continuing until August 16,2001, Father shall have primary physical custody of the children subject to Mother's periods of temporary physical custody of the children on the following schedule: A. Every other weekend from Friday at 4:00 p.m. through 8:00 p.m..on Monday. B. During the summer months, the parties shall each have the children for one (1) week of vacation and shall equally share the summer weekends. C. At all such other times that the parties agree. 3. Kyle shall attend YMCA Camp from June 18,2001 through July 13, 2001. 4. 1,2001. Cory shall attend a youth retreat in Ohio from June 24,2001 through July 5. Cory shall attend Hampton Township Day Camp 2001 on June 12, 13, 18, and 19; July 2,3, 17, 19,24,26, and 31; and August 2,7,8,13, and 14. 6. At all relevant times hereto, the parties shall not leave Kyle alone without an adult being present. , '- 7. The parties acknowledge that Paragraphs 4,5,6,7,9,10,11, and 12 ofan Order of Court dated December 22, 1994 entered by the Honorable C. Joseph Rehkamp of The Court of Common Pleas of the 41st. Judicial District- Perry County Branch remain in effect, while all other provisions of said Order are hereby suspended until August 16,2001, at which time another Conciliation Conference shall be held, unless the parties agree otherwise. 8. Father shall adhere to the Pinnacle Outpatient Services recommendation for Kyle's wrap around services which Father shall arrange. 9. Transportation of the children between the Parties, but especially custody exchange purposes, shall be as flexible and accommodating as possible. 10. This Interim Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Thursday, August 16,2001 at 8:30 a.m. J. cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother y -~~ ~<< _<\,0 l-O<\' \ ,,~!li'If '" '.", ",) ,'~- "1 _~. , "1 ' 1J -" PATRICKA. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA V. : 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger Cory A. Binger July 7, 1990 May 17, 1987 Father Father 2. A Conciliation Conference was held in this matter on July 11,2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Interim Order in the form as attached. ~ Date /h./i acq line M. Verney, Esquire Custody Conciliator '"E -'" . ~ "11 ~4 .. AUG 1 72001 to PATRICKA. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA V. DONNA C. BROOKS, Defendant : NO. 2001-2639 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~dayof ~,2001,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 16, 2001, is hereby vacated 2. Father, Patrick A. Binger, and the Mother, Donna C. Brooks, shall have shared legal custody of Kyle M. Binger, born July 7,1990 and Cory A. Binger, born May 17, 1987. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of Kyle. 4. Mother shall have partial physical custody of Kyle on alternating weekends from Friday at 6:00 p.m. to Sunday at 5:00 p.m. Mother may occasionally extend her time on Sundays if family activities are planned with reasonable prior notice to Father. 5. Father and Mother shall have shared physical custody of Cory at times agreed by the parties. Cory shall continue to attend Cumberland Valley Schools. The parties shall assure that the two children spend their weekends together. 6. Mother shall have physical custody of both children when, during the school year, the children are off from school on Mondays and Mother is off from work on Mondays and Father works. When the Mondays coincide with Mother's weekend schedule, the children will extend their weekend with Mother until Monday at 5:00 p.m. When the Mondays do not coincide with Mother's weekend, Mother shall pick up the children at a time agreed by the parties and return the children at 5:00 p.m. 7. Father shall assure that all of Kyle's psychiatric appointments are kept with Dr. Emily White and that all prescribed medication is administered to Kyle. Father ",m '-"^', ']"'1" " ., ~~..., '_YO'j l~ ~-~~, -., " '-""" " is to advise Mother of said appointments and if she cannot attend, Father will report the results of the appointment to Mother. 8. Father shall assure that Kyle continue in therapy with Victoria Whitcomb at the frequency recommended by her. Father shall make timely appointments for Kyle. 9. Mother and Father shall make a good faith effort to continue counseling with Victoria Whitcomb to assist in this custody transition and their communication with each other. 10. Father will assure that Wrap Around services will be instituted as recommended by Kyle's professional team. Father is to advise Mother ofthose services. 11. Both children are to continue with their present primary care physician, Dr. Scott Setzer, provided Father's insurance applies. Father is to advise Mother of all appointments and if Mother cannot attend, Father will report to Mother the results of the appointments. 12. Father is to advise Mother of all educational and extra-curricular activities ofthe children. Father assures that all medical, psychiatric, counseling and wrap around appointments will take precedence over extra-curricular activities. In the event Father is unable to transport the children to any activity, he shall notify Mother in a timely fashion so that she may transport. 13. At all relevant times hereto and until Kyle's condition has improved, the parties shall not leave Kyle alone without an adult being present. 14. In the event Father is in need of babysitter services for a period longer than three (3) hours, Father is to contact Mother in a timely manner and give her the opportunity to have custody of the children. Transportation for the children in such event shall be shared by the parties unless otherwise agreed. 15. Both parties shall have liberal telephone access to the children while they are in the other parent's custody. Mother may contact the children at least every other evening generally after 8:30 p.m. 16. Parents must communicate with each other concerning custody matters and not through the children. 17. Mother shall be responsible for transportation of the children unless noted otherwise in this Order or otherwise agreed by the parties. 18. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure the health and well being of the children is protected. During '"".'-"l"1_". r. 1,1 , ~- --- =,. ~ cwm~,~. such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 19. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 20. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, October 24, 2001 at 9:30 a.m. 1. ~ cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother I,; lr~ ,~ ~ , ~" PATRICKA. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA V. : 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger Cory A. Binger July 7, 1990 May 17, 1987 Father Father 2. A Conciliation Conference was held in this matter on August 16,2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. f ~ t7 -0 I Date ~%.~. J cqu eM. Verney, Esquire Custody Conciliator "'''IfTHi'f '" I'" ! ,~r " I ' .~. r ~,~ !II!lI ~ ',~.~ ,,,",,,,--e.',",'. """""OJ!'- ,.'"_"', ~. r.vw~a. .nn Hn"""," '..w,.', [jiJjinr'r~111?Ji1iil:r'r1itlfiYll!tWW'llil' 'iflN\f!\lASNr{:!d Al ~~n('~j 'Cr', '-"""n~ I I,j,~, ',' i,-:~:':,):\ ::-.1 c1"J:OIUV 02~rl'~1 ir AbVlOi;Ch!., ,1':! 3~Xj:{}-U":i-, -:' ,'''''' ~1!\l'il!ll!I~~IIQIll."~""''''f"".'''''',r~y,\''''''i'l\''-.'l%W,"''I'iiI~W'!'Ffrj'lj1j,'~'~'JiftBfil1jIt,'7j~~!!1_81'~1?!-~~*W1I_tu~: . SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A ff PATRICK A. BINGER, IN THE COURT OF COMMON PLEASE OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY PETITION FOR CONTEMPT NOW COMES Petitioner, Donna C. Brooks, Defendant above, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children: Kyle N. Binger, born July 7,1990; and Corey A. Binger, born May 17,1987. 2. From the parties' separation in 1993 until the entry of this Court's Order of July 16, 2001, the children have been in the primary physical care of Defendant. 3. The parties entered into an Agreement on August 20, 2001, according to the terms of which Petitioner transferred to Respondent primary physical custody of the children. A copy of the Court's Order of August 20,2001 is attached hereto as Exhibit "A". 4. Since the entry of the Order on August 20, 2001, Respondent has violated the Order in t he following respects: A. Paragraph 5 of the Order calls for Corey to attend Cumberland Valley Schools. Between the entry of the Court Order on August 20, 2001, and the start of the school year, Respondent ""l"1 J ",' - -.".. ":'""_l"tf~,~.".P_,,,_,"__~~,_,,~t-1- ,,' ,,-,_, ',<pe,"-(. C'H' ,,<_, ',-r,':""-'~_",C-.""Yn" -~V-""-'>'-'''''-"'I'''---- ~_ r __'_'~._' r ,_ _',_' - ~"- ' " ~.~ . " transferred Corey into the Carlisle School District in order to avoid the obligation of driving Corey to school as he had agreed. B. Paragraph 8 of the Order calls for Kyle to continue in therapy with Victoria Whitcomb at the frequency recommended by her. Respondent has not continued Kyle's therapy with Victoria Whitcomb by making the timely appointments required in Paragraph 8. C. Paragraph 9 of the Order requires Petitioner and Respondent to "make a good faith effort to continue counseling with Victoria Whitcomb to assist in the custody transition and their communication with each 6ther". Respondent has terminated counseling with Ms. Whitcomb. D. Paragraph calls for both children to continue with their primary care physician, Dr. Scott Setzer. Respondent transferred the children's files to another primary care physician without advising Petitioner. E. Paragraph 16 of the Order calls for the parents to communicate with each other concerning custody matters and not to the SAIDIS SHUFF, FLOWER & LINDSAY children. Petitioner learned of the transfer of Corey's school ATIORNEYS-AT'LAW 26 W. High Street Carlisle, P A from the child, not from his father. Respondent continues to avoid discussing matters with regard to the children with Petitioner. ',,:~;rr"',,-f"'~ ,,",' ,- 'j--'.- ",-_., '_""". ':-,"'~']l""""" ""'-"',F,- _-"~,~ ."~,, 1"""- "-""'-1' "', T""._or", .. ~-~ SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A ;, "-1l'l'!!! F. Paragraph 19 of the Order charges each parent with doing nothing to estrange the children from the other party, or injure the opinion of the children from the other party, or injure the opinion of the children as to the other party, or which hampers the free and natural development of the children's love or affection for the other party. Since the entry of the Court Order on August 20, 2001, Respondent refuses to provide the children to Petitioner indicating to them that they can visit her if they want to, and he continues to openly make fun of and denigrate the Petitioner in front of the children. WHEREFORE, Petitioner prays this Honorable Court to find Respondent in Contempt of its Order of August 20, 2001. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: - i '" ~- c."" ."", ,'!,,",r^"' '~y"C ~"' ' f"" 'I"" Carol J, indsay, Esquire I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 .,. '. .0., q.... - SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS'AT'LAW 26 W. High Street Carlisle. P A VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Donna C. Brooks Date: ',->'l/)!_ - ^'~':" ,_.~."[~,"~,~.,,I.- - "~",_"__"~'" ..,- --,'j" '1"1"" ' ~. r:_ c 1'<" .~ "'I --, . i"''' ""'0'- ,^" c SAlOIS SHUFF, FLOWER & LINDSAY ATfORNEYS-AT-LAW 26 W. High Street Carlisle, P A "~r II PATRICK A. BINGER, IN THE COURT OF COMMON PLEASE OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVil ACTION - lAW : NO. 2001-2639 CIVil TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY CERTIFICATE OF SERVICE AND now, this day of 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Contempt this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant/Petitioner By: squire < "";_"_,_c,<_,<. -Wi' ~~ - ,_,' '-;c'(,," .~ __, 1"- j- :>,: ,"<, -" ' "pr'le" .-'""" ,'r ,.,.__v ,V"'~ <--~. 'I ~, , -" -f --~ -~ "T' JlUG 1. ? 2001 rP PATRICKA. BINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY,PENNSYLVANlA NO. 2001-2639 CIVIL TERM CML ACTION - LAW V. DONNA C. BROOKS, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 20 day of consideration of the attached Custody Conciliati follows: 2001, upon Report, it is ordered and directed as 1. The prior Order of Court dated July 16,2001, is hereby vacated 2. Father, Patrick A. Binger, and the Mother, Donna C. Brooks, shall have shared legal custody of Kyle M. Binger, born July 7, 1990 and Cory A. Binger, born May 17, 1987. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of Kyle. 4. Mother shall have partial physical custody of Kyle on alternating weekends from Friday at 6:00 p.m. to Sunday at 5:00 p.m. Mother may occasionally extend her time on Sundays if family activities are planned with reasonable prior notice to Father. 5. Father and Mother shall have shared physical custody of Cory at times agreed by the parties. Cory shall continue to attend Cumberland Valley Schools. The parties shall assure that the two children spend their weekends together. 6. Mother shall have physical custody of both children when, during the school year, the children are off from school on Mondays and Mother is off from work on Mondays and Father works. When the Mondays coincide with Mother's weekend schedule, the children will extend their weekend with Mother until Monday at 5:00 p.m. When the Mondays do not coincide with Mother's weekend, Mother shall pick up the children at a time agreed by the parties and return the children at 5:00 p.m. 7. Father shall assure that all of Kyle's psychiatric appointments are kept with Dr. Emily White and that all prescribed medication is administered to Kyle. Father '1>'_.~ ~ ,. is to advise Mother of said appointments and if she cannot attend, Father will report the results of the appointment to Mother. 8. Father shall assure that Kyle continue in therapy with Victoria Whitcomb at the frequency recommended by her. Father shall make timely appointments for Kyle. 9. Mother and Father shall make a good faith effort to continue counseling with Victoria Whitcomb to assist in this custody transition and their communication with each other. 10. Father will assure that Wrap Around services will be instituted as recommended by Kyle's professional team. Father is to advise Mother of those services. 11. Both children are to continue with their present primary care physician, Dr. Scott Setzer, provided Father's insurance applies. Father is to advise Mother of all appointments and if Mother cannot attend, Father will report to Mother the results of the appointments. 12. Father is to advise Mother of all educational and extra-curricular activities of the children. Father assures that all medical, psychiatric, counseling and wrap around appointments will take precedence over extra-curricular activities. In the event Father is unable to transport the children to any activity, he shall notify Mother in a timely fashion so that she may transport. 13. At all relevant times hereto and until Kyle's condition has improved, the parties shall not leave Kyle alone without an adult being present. 14. In the event Father is in need of babysitter services for a period longer than three (3) hours, Father is to contact Mother in a timely manner and give her the opportunity to have custody of the children. Transportation for the children in such event shall be shared by the parties unless otherwise agreed. 15. Both parties shall have liberal telephone access to the children while they are in the other parent's custody. Mother may contact the children at least every other evening generally after 8:30 p.m. 16. Parents must communicate with each other concerning custody matters and not through the children. 17. Mother shall be responsible for transportation of the children unless noted otherwise in this Order or otherwise agreed by the parties. 18. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure the health and well being of the children is protected. During . ~~ ;'0".', - , -r"'''''~';' .,' "'.'. ""~,.'~' " c,,,,t,,,~r'T ".'p, ,". ".,_".,,,'.~ ~ j' . "I ~~ , e. -:T .~, such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 19. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 20. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, October 24,2001 at 9:30 a.m. BY THE COURT, cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother -".~.~ - _.,,,,",,.~,,.," . ,. .,,-, . ., .".,.,"" , pc..'" ." "'". c _, . ,_ "" _ ~, " , . ." V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : 2001-2639 CIVIL TERM PATRICKA.BINGER, Plaintiff DONNA C. BROOKS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger Cory A. Binger July 7,1990 May 17, 1987 Father Father 2. A Conciliation Conference was held in this matter on August 16,2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. t - n -0 I Date ~%.L7; J cqu ne M. Verney, Esquire Custody Conciliator -;~[iIl1iA_ '_,n." ,<<~",., ~," - -." ',1. , - '~" . , . ~ ~ " ",""',...,.,< ~'~.."'., ',' ~I - ~~~ ,'" ~J ,-<~. ".",,,.~. ,,c, .'~' . -- llIl 'mmii' "wrrw' " ~ ~ (') C-:J t) C "i':: "1'1 ~ ~e:_ ::J (j} C) -:\\,.. cprn ..:C: ;r'ipg ",,:.....::1:1 \ ZJ::;: ~?32j f:!'.;",. <..0 ,"15 ?d~~:; _. ;< "tJ -. ~(-] :11.: ;1"':;=::::1 -- ~ ~ Z., ."...-...... ~C ~?'.\.. .J I:l('\ (.,J J>C ;....' ZSITl ~ --I ~ ~ '.n ?6 ~ \.0 -< "\ ~ C) <;-.- .. \,~ \ ,-' 1 -. ::;-- :=i -<. l.._! :::::::~ S~ -< '" , "~'"r~"'"~1'ilf;jjj,'*"i'jl(~;'''~~~m''''';:!il'''~!'l1'~W~R;;;m;~~~!!'~~~ll1l11'''''~~i , PATRICKA. BINGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2639 CIVIL ACTION LAW DONNA C. BROOKS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 05, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Thursday, December 13, 2001 at 8:30 AM for a Pre-Hearing 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 intoa 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR TIIE COURT, By: /s/ Jacqueline M. Verney. Esq.6'0^ Custody Conciliator The Col.lrt of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the col.lrt, 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 THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 """~. ~ , ,.,,'," . I'" ., ~-r . ,~,. "l!_~ ~P.tll~!IiW",';;';;~'l!f!-_J;JJ;';",,,",',,,;;o;;,,",;:~~-%M~',,,,~;j!.-;Jt..,,jj.,,.'-y;~:'.':;o;",,,j~"J''''<",'''F'''i.,,,.,,,,..,,,,,,,*~,),iThtil.'''~IlIo~'''''~~~~,",j>;,~i.!ilidi ~",~,"",~,,u,,,~ ~"~~'iiiI-i"~ .- /d .S-: cJ I /02 '5 '0/ /,;('S -0/ (, j u, fFro _L; L.. ___L ,,.! Pj~'r 2: ttn - v (;,' lA/g'". " ,',,' ._.. - ", lUC l C,", ' ,,( "U"'ty ,.._11,_",," 'C.) ;,J.....I 1\ Pc:NN0YU/Ai\iIA u.~frt~ ~4~ '-j'~ ~:t- 4 ~ ~~~ df~~~. , ,1\LJ,""~,,JI~)IL !.lIILliLII..".... ., IIIU"...,,, ..... '. ".",,,,, " '" "'...,_', _.',_" ,. <., e. ^_'_ ~.! ~ w '.. f f~ ". JAN 0 ~ JAN 0 2 200~ PATRICKA. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA V. DONNA C. BROOKS, Defendant : NO. 2001-2639 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this l' day of ~ ,2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 20, 2001, shall remain in full force and effect with the following modifications: A. Paragraph 9 of the Order of Court of August 20, 2001 shall be deleted in its , entity and replaced with the following: Mother and Father shall attend relational counseling with a counselor selected by the parties' attorneys. In the event the attorneys are unable to reach agreement, the counselor shall be Marty Williams. The parties shall share the cost of such counseling and attend counseling at the frequency recommended by the counselor. The parties shall sign releases so that the new counselor may obtain prior pertinent records as deemed necessary by the counselor. B. Paragraph 20 of the Order of Court of August 20, 2001 shall be modified to the extent that another Conciliation Conference is scheduled for March 27, 2001 at 8:30 a.m. 2. A determination on the allegations of the Petition for Contempt shall be held in abeyance and may be pursued by Mother in the future. BY~~;T, J. cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother > ~ ~ J- 1{.-6.v ~. Il,~_ ,n '.' , .. 'Il'~! , , '... r - _. " """, ~ , en !",,"~ j ~'jN-' I ' Vil~'/!\l/\01\i ::](J j "r'I~" '""\ i\.LI'; J,,)'.) t.,lyt/f),.i:::CJlMil^ ,,' ;'_'.".Il,j/~ 'v' ~ t'. I 'I j L::J: ~J':J .-:i:)J..i:cO, '" Q I "c'I'" 2f1 . "~ ~:.J fT"";?: iL !.;:I,d .)1'\ _\, - - -, '. J...~~rOOll"ml~,",~_", " .......... .., '~.."..,.'"-..iiil 'lf1nUnmJl1flri'" 'l:!fi'.'II",'\iCCC'(i; ~ ..".?,~~.t!~'U,~w""-TI'0':R:--"'r;N'''%'i'1<,~,~',q;-'jI(1~~liGl'T~~tg~.m;;:":Ilri1l!l.fI1'1!!~_i%J.~: . "'"'''~" ., ~ PATRICKA. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA V. : 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, theundersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME CURRENTLY IN CUSTODY OF DATE OF BIRTH Kyle M. Binger Cory A. Binger Father Father July 7,1990 May 17, 1987 2. A Conciliation Conference was held in this matter on December 28, 2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated August 20,2001. It provided for shared legal custody with Father having primary physical custody and Mother having periods of partial physical custody on alternating weekends. It also provided for Kyle to continue attending Cumberland Valley schools and counseling to continue for Cory. 4. Mother filed a Petition for Contempt alleging, inter alia, that Father intentionally violated the Order of Court when he emolled Kyle in Carlisle schools and was not taking Cory to counseling as ordered. 5. The parties agreed to hold the Contempt allegations in abeyance and agreed to the entry of an Order in the form as attached. "I! "."' --," '0 . ;'hl''I!~'!l!'\'<1"" . 1;),- ::<") -0 I Date .w, i!T''lV''1......... 1~! ~V: ~ 1 " ~ ~ ~"~,~'"= . ~=~~. ~" ~T~~ ,~"""~,~~ APR 0 5 2002 ..~ PATRICK A. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. DONNA C. BROOKS, Defendant NO. 2001-2639 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this \ ~ day of , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of Court dated January 16, 2002, shall remain in full force and effect with the following modifications: A. Father shall forthwith make a counseling appointment with Marty Williams to occur during the week of April 8, 2002 and shall attend counseling weekly or as frequently as recommended by Marty Williams. The parties shall sign all necessary releases requested by Marty Williams so that all information may be shared with counsel for both parties. B. Father shall comply with Paragraph 8 of the Order of Court of August 20, 2001 concerning the continuation of Kyle's therapy with Victoria Whitcomb. C. Mother may file for a hearing on her original Contempt Petition which was held in abeyance and on her Amended Petition for Contempt at any time without the necessity of a Conciliation Conference. 2. Either party may contact the Conciliator within three (3) months from the date of this Order to schedule another Conciliation Conference. J. cc:f!ichael 1. Hanft, Esquire, Counsel for Father }arol1. Lindsay, Esquire, Counsel for Mother ? (ir 01-/5-0 :1. ~@lJf. ~ '"'" 11 " .. , ^." I'-r " ,. I ,.- .,...,<-_.~~-, ~ >- ~ tuQ <-2f.; tJ:-l:' rL3-;:":.: TO StE fCt0 i2: L<- a ~." , . _~~o , en c~-. 9 :!C """ i':: 2: :J,_ C)s (-,2 '0 O'l: (:1:::7 JJ2 Uhfi' 0.::1" ::;>~ :5 o tr> Cl;:: (L "'" N o , .~.~-~ iI!O!l~ I ~" _ ",,-..' -..'-'E-C".'d ,~~~.~ '...n._ " 'uli11i1rDft" ~~~IiffMm!l-J!ffl~~,!rrl~~1'i!!;,,,;;.11"""f;;~""\'W"''1'"';:'''I'';:N'''C"'!<''''''''~~H"'''~i'li'W<@9~nl:1*l'i[W!l-!J?I"",,'<WH'~o'l~~~~~Br;: PATRICK A. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. 2001-2639 CIVIL TERM . DONNA C. BROOKS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger Cory A. Binger July 7,1990 May 17, 1987 Father Father 2. A Conciliation Conference was held in this matter on April 4, 2002, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. Prior Orders of Court have been entered by the Honorable Edgar B. Bayley dated August 20, 2001 and January 16,2002. Those Orders provided for shared legal custody with Father having primary physical custody and Mother having periods of partial physical custody on alternating weekends. They also provided for counseling to continue for Kyle and counseling to be initiated by the parents. 4. Father has failed to assure that Kyle attend counseling with Victoria Whitcomb. Father has also failed to attend counseling with Marty Williams. 5. Mother intends to file an Amended Contempt Petition reflecting these additional allegations. 6. The parties agreed to the entry of an Order in the form as attached. '-'~_:m I' ~ r I , 1 ~ " - ~~.,"~ ~.v: ,-/->-02- Date "'>!all'll'!'ll!l~" . , cqu ine M. Verney, Esquire ustody Conciliator 1'1 -=,~"". SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 w. High Street Carlisle. P A -:~ , " PATRICK A. BINGER, : IN THE COURT OF COMMON PLEASE OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001.2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY AMENDED PETITION FOR CONTEMPT NOW COMES Petitioner, Donna C. Brooks, Defendant above, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children: Kyle N. Binger, born July 7,1990; and Corey A. Binger, born May 17,1987. 2. From the parties' separation in 1993 until the entry of this Court's Order of July 16, 2001, the children have been in the primary physical care of Defendant. 3. The parties entered into an Agreement on August 20, 2001, according to the terms of which Petitioner transferred to Respondent primary physical custody of the children. A copy of the Court's Order of August 20,2001 is attached hereto as Exhibit "A". 4. Since the entry of the Order on August 20, 2001, Respondent has violated the Order in t he following respects: A. Paragraph 5 of the Order calls for Corey to attend Cumberland Valley Schools. Between the entry of the Court Order on August 20, 2001, and the start of the school year, Respondent ";-"'~',<"':?'f'''';~:~";-,,,1,. ~.., 'Wi' c. "':","":1",".: \- _."".il!llIlIWIlIII "'.',,, ' " i?"~.".L .~., _r., '0' , '..'f' ~ .",,!- ^ , -, 'c' <'- ,. ~". -~"""." ,. " \., ;'i SAlOIS :i SHUFF, FLOWER ,: & LINDSAY f': ATIORNEVS.AT.LAW ;: 26 W. High Street Carlisle. P A ,'.i "I transferred Corey into the Carlisle School District in order to avoid the obligation of driving Corey to school as he had agreed. B. Paragraph 8 of the Order calls for Kyle to continue in therapy with Victoria Whitcomb at the frequency recommended by her. Respondent has not continued Kyle's therapy with Victoria Whitcomb by making the timely appointments required in Paragraph 8. C. Paragraph 9 of the Order requires Petitioner and Respondent to "make a good faith effort to continue counseling with Victoria Whitcomb to assist in the custody transition and their communication with each other". R.espondent has terminated counseling with Ms. Whitcomb. D. Paragraph calls for both children to continue with their primary care physician, Dr. Scott Setzer. Respondent transferred the children's files to another primary care physician without advising Petitioner. E. Paragraph 16 of the Order calls for the parents to communicate with each other concerning custody matters and not to the children. Petitioner learned of the transfer of Corey's school from the child, not from his father. Respondent continues to avoid discussing matters with regard to the children with Petitioner. Paragraph 19 of the Order charges each parent with doing nothing to estrange the children from the other party, or injure the opinion of the children from the other party, or injure the opinion of the children as to the other party, or which hampers the free and natural development of the children's love or affection for the other party. Since the entry of the Court Order on August 20, 2001, Respondent refuses to provide the children to Petitioner indicating to them that they can visit her if they want F. :) ,"j ""'II!llI<!lnl.l.l-" . ~ .:. ""'T "P '"1. .,^ ". ","<.".~'".' '." .^~ '~I,''''''',: .."... ..,".". e ~. ' ", .', _ ,~.,",-"",}. -. " - ,~ .."-,,'" '-'--'- -, ^J" SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYSIAT-LAW 26 W. High Street Carlisle. PA " to, and he continues to openly make fun of and denigrate the Petitioner in front of the children. G. Respondent has violated Paragraph 1 (A) of the Court's Order of January 16, 2002 by refusing to engage in relational counseling with Marty Williams. H. Respondent does not encourage the children to visit with Petitioner during Court Ordered times, but rather encourages the children to believe that they do not have to visit with Petitioner. WHEREFORE, Petitioner prays this Honorable Court to find Respondent in Contempt of its Order of August 20, 2001. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: a 01 J. Lindsay, Esquire 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 "'".~, ~, .,' '''.V'~'~';f.<:>2'!'~'''f)l- "' _""'_,,,,'_~", :"'_."".'I'~~~:"_ .r'.'"'" ...". -1"- -I '.<-'P"_ ,'< ,~ -".. , I SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA -f~ "APR 1 7 2002 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. {)~(V~ Donna C. Brooks Date: 1/15'ID7v -->"ty,.~,."",_,.~",,,,";~,-_".,_ 1,,,1"":';"'" , ' ~"'''_'.I.",_N.",.~.__"'''';""",, '-'1 ~"7 -- ,,",,?W,','" ',7'~1' '<!:~ , _',., '"" ,,, ' -0, ,~,' .,. ~ , 0" SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A .' n">~'.q:;w'~_.t,_. ,,",.,1 PATRICK A. BINGER, IN THE COURT OF COMMON PLEASE OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION. LAW NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, DefendanUPetitioner: IN CUSTODY 2001, CERTIFICATE OF SERVICE AND O~, th;, J. 'f4 d,y of :zfl: I ' I, Carol J. Lindsay, Esquire, of the law firm of Sf\: IS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Amended Petition for Contempt this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for DefendanUPetitioner By: ar I J. Lindsay; Esquire 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 '" .'.c_,"C."':" ""~"'I!_',~<~",;"""=,,, 'C"r.~-- ,=,. ,."n_l ~.', '0' '_'1',.1"', "."~'_ <:, ".<,<'r - '7 . ~. ~?' .. "~, , ","", _H .~. .~ ~. ~ - <"< - '" ,.~~ , r'" ~ c. ". ,,",~., ~~ - \- ~ -{:" -.l -,-, ...., ."". ",....,..,.".'~. '.'...~I..i'ilITil...._.. T1'1I'~'iITtW"iSlilii' - r-~' ~ ~ ~ ~ c...> d ~ rT\~'::-< ,...:... '7' r-~J> r::-: ~ ~~ .J-Co n c .[ - ....'n c..." c: ~ -,:", =.r: ..../J ::1 ~,~ ~ "..A~~~~\f!!!fii,,!j!]~fflI-;,--.mmt~~~~~lmIlfill~.~r.ll'.~!IW~\' , , .:- " SAIntS }~ I! SHUFF, FLOWER !'i & LINDSAY j~ ATIORNEYS.Ar.LAw 26 W. High SITeet Carlisle. P A H ! PATRICK A. BINGER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION. LAW NO. 2001.2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY PETITION FOR MODIFICA TION OF CUSTODY ORDER NOW COMES Donna C. Brooks, Petitioner, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, Kyle M, Binger, born July 7, 1990 and Cory A. Binger, born May 17, 1987. 2. Legal custody of the children is shared and physical custody of the children is as set out in the court's order of August 20, 2001 as amended on January 16, 2002 and August 15, 2002. Copies of the relevant court orders are attached hereto as Exhibit "A", "B" and "C" respectively. 3. Circumstances have changed such that the custody provision with regard to Cory is no longer workable as the Petitioner is prohibitive from having physical custody of Cory. Furthermore custody of Kyle has been withheld as well. 4. Both children are evidencing signs of psychological stress. ~'~""."""""'~,",,"_:"~"""'""':':"'C, s. '~'" ;eo', c-.',.">I. . r,.~ ,_,.".,,) ..,", "'''{''~''>~ ."'r.-'-.-,'",,'., ",,"'.' "<_,",.;'.", _~'='"M . . "17i ilitnHm" ' -; ; ;i SAlOIS SHUFF, FLOWER & LINDSAY :'; ,-) ATTORNEYS'AT'LAW 26 W. High Street Carlisle, P A I' WHEREFORE, Petitioner prays this Honorable Court to modify its orders of August 20, 2001 as amended to provide periods of partial custody of the children with Petitioner and to permit independent psychological evaluation of both children. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: Ca I J. Lindsay, Esquire 10 44693 West High Street Carlisle, PA 17013 (717) 243-6222 . - '_~'" :-':,"~","""","" c<"h u"_,Y"r~">':"".,.""",,,,~u,,,',.~"I:~, .,.w"", '1'.~"- .-,'.., 'I' T;-?'I" ~.-.,',.'" -,,,~,,,,,",,~,,'."_' ," """-'i:~,,~,,;"t':";' "_v. - "",,._ ~n_ 'h" w~~,o '~.', .~" VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~ r/J?cH<~ Donna C. Brooks ~te:;j'/ffv ~ I "', ,'~ - , , -'" ~ ." TI1 '. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A ',11;" " PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY 2004, CERTIFICATE OF SERVICE AND "OW, lh;, ! day of ,i?2a~ ' I, Carol J. Lindsay, Esquire, of the law firm of SAI S, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Modification of Custody Order this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant/Petitioner By: Carol J. L' 10#446 3 26 Wes Igh Street Carlisle, PA 17013 (717) 243-6222 '.'c, ~>>,'f",'-".',S-"":,~ "~'''.- ':?",."",,_' - "" ~-r:""+'"~,~",,, ."'"', -';;:.',' t.,._'-'''J''','"c "1"'-'" -"-"''1',_.'' "~'~"~,'~'"'''''~-.., 'f""'c"_ -,," , ". ',"','~~"""'~' .>...-,\ J /~'-'" ~, ) v '",o-h~ ,,' AUG 1 ., 2001 rP PATRICKA. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA V. DONNA C. BROOKS, Defendant . . : NO. 2001-2639 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ;.0 day of consideration of the attached Custody Conci iati follows: ,2001, upon Report, it is ordered and directed as 1. The prior Order of Court dated July 16,2001, is hereby vacated 2. Father, Patrick A. Binger, and the Mother, Donna C. Brooks, shall have shared legal custody of Kyle M. Binger, born July 7,1990 and Cory A. Binger, born May 17, 1987. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of Kyle. 4. Mother shall have partial physical custody of Kyle on alternating weekends from Friday at 6:00 p.m. to Sunday at 5:00 p.m. Mother may occasionally extend her time on Sundays if family activities are planned with reasonable prior notice to Father. 5. Father and Mother shall have shared physical custody of Cory at times agreed by the parties. Cory shall continue to attend Cumberland Valley Schools. The parties shall assure that the two children spend their weekends together. 6. Mother shall have physical custody of both children when, during the school year, the children are off from school on Mondays and Mother is off from work on Mondays and Father works. When the Mondays coincide with Mother's weekend schedule, the children will extend their weekend with Mother until Monday at 5:00 p.m. When the Mondays do not coincide with Mother's weekend, Mother shall pick up the children at a time agreed by the parties and return the children at 5:00 p.m. 7. Father shall assure that all of Kyle's psychiatric appointments are kept with Dr. Emily White and that all prescribed medication is administered to Kyle. Father ~ .- J' , ~ -,., " ..- r-~\ I is to advise Mother of said appointments and if she cannot attend, Father will report the results of the appointment to Mother. 8. Father shall assure that Kyle continue in therapy with Victoria Whitcomb at the frequency recommended by her. Father shall make timely appointments for Kyle. 9. Mother and Father shall make a good faith effort to continue counseling with Victoria Whitcomb to assist in this custody transition and their communication with each other. 10. Father will assure that Wrap Around services will be instituted as recommended by Kyle's professional team. Father is to advise Mother of those services. 11. Both children are to continue with their present primary care physician, Dr. Scott Setzer, provided Father's insurance applies. Father is to advise Mother of all appointments and if Mother cannot attend, Father will report to Mother the results of the appointments. ~, i ) '- 12. Father is to advise Mother of all educational and extra-curricular activities of the children. Father assures that all medical, psychiatric, counseling and wrap around appointments will take precedence over extra-curricular activities. In the event Father is unable to transport the children to any activity, he shall notify Mother in a timely fashion so that she may transport. ~/ 13. At all relevant times hereto and until Kyle's condition has improved, the parties shall not leave Kyle alone without an adult being present. 14. In the event Father is in need of babysitter services for a period longer than three (3) hours, Father is to contact Mother in a timely manner and give her the opportunity to have custody of the children. Transportation for the children in such event shall be shared by the parties unless otherwise agreed. 15. Both parties shall have liberal telephone access to the children while they are in the other parent's custody. Mother may contact the children at least every other evening generally after 8:30 p.m. 16. Parents must communicate with each other concerning custody matters and not through the children. 17. Mother shall be responsible for transportation of the children unless noted otherwise in this Order or otherwise agreed by the parties. 18. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure the health and well being of the children is protected. During -It>ITll _ . ~'"'J'"7'" <" , 1',' , , such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 19. Neither parent shall do anything which may estrange the children from the other party, or injtn'e the opinion of the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 20. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenus of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, October 24, 2001 at 9:30 a.m. BY THE COURT, (/. \ ,-' cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother ".-' <~1}~,I[~" ; "_-<'" ,..H "= 'I--'~I , ,~ . 1 I 0' I , -" ' V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : 2001-2639 CIVIL TERM PATRICKA. BINGER, Plaintiff DONNA C. BROOKS, Defendant : CIVIL ACTION -LAW : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: '-' NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger Cory A. Binger July 7,1990 May 17, 1987 Father Father 2. A Conciliation Conference was held in this matter on August 16,2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. t - n -0 I Date /i;;l;:~2~w~ Custody Conciliator \,~,) "~ ?- ,,'.-,'.."''l''''" I' '"- I' r,,". ~ ,. ,11 JAN 0 2 2002.f y~'~ ) PATRICKA.BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF . : CUMBERLAND COUNTY,PENNSYLV ANIA V. DONNA C. BROOKS, Defendant : NO.2001-2639 CIVIL TERM : CML ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this /l t;... day of/),... ,. 'it ' 2001, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated August 20, 2001, shall remain in full force and effect with the following modifications: ;r---., ( \ -'-..,-------1 A. Paragraph9 of the Order of Court of August 20, 2001 shall be deleted in its . entity and replaced with the following: Mother and Father shall attend relational counseling with a counselor selected by the parties' attorneys. In the event the attorneys are unable to reach agreement, the counselor shall be Marty Williams. The parties shall share the cost of such counseling and attend counseling at the frequency recommended by the counselor. The parties shall sign releases so that the new counselor may obtain prior pertinent records as deemed necessary by the counselor. B. Paragraph 20 of the Order of Court of August 20, 2001 shall be modified to the extent that another Conciliation Conference is scheduled for March 27, 2001 at 8:30 a.m. 2. A determination on the allegations of the Petition for Contempt shall be . held in abeyance and may be pursued by Mother in the future. BY THE COURT, /s/ ;;~".;J tJ~4r Edgar B. yley, .. .. J. cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother In :{m,~ t:'t(~ ~12j~ \,'";, .' ,.'(:", .-; >:" ',~','. '. ;" ..:' fhls II. C}'1::Y i~( ~4.L, PmthoY!otart 'r'''''~ " , "",~ .', ~.. fo= ~'...,,; ''':',.JI. ,. r,",,'--'" I~"~, , -"-"", " ,~- --'."'.;~-'~'; ,'-, ,y,"!-'-" ~>' ' - ~, ," _.~.7-=,~'",",",~'O-"=.=~"'-'-~'''''''''''--=''~..'-''~''.~' -. ,..-.., ,-,',.," APR 1 6 20D2 APR 0 5 2002 Y . ~. V. DONNA C. BROOKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL V ANIA : NO. 2001-2639 CIVIL TERM : CIVIL ACTION - LAW PATRICKA. BINGER,. Plaintiff : IN CUSTODY , , 2002, upon Report, it is ordered and directed as AND NOW, this / j day 0 consideration of the attached Custody Conciliatio follows: .1. The prior Order of Court dated January 16, 2002, shall remain in full force . and effect with the following modifications: A, Father shall forthwith make a counseling appointment with Marty Williams to . . occur during the week of April 8, 2002 and shall attend counseling weekly or . as frequently as recommended by Marty Williams, The parties shall sign all necessary releases requested by Marty Williams so that all information may be shared with counsel for both parties. B. Father shall comply with Paragraph 8 of the Order of Court of A.l,lgust20, 2001 concerning the continuation of Kyle's therapy with Victoria Whitcomb. . . C. Mother may file for a hearing on her original Contempt Petition which was . held in abeyance and on her Amended Petition for Contempt at any time without the necessity of a Conciliation Conference. 2. Either party may contact the Conciliator within three (3) months from the date of this Order to schedule another Conciliation Conference. BY THE COURT, 1!!!1~;i -B ~;/ cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother -,' Jf"! ~ .' , '"C_' ""__,..'1"'"_ t. .,'; ,,".,7.. 1.0.' " ,- jl ~~ r~. ~~ _.~~- ~./ ill ~ .-. " ~, " --."'" ,~~...--,~:~,~_. ~"_. ,. ^ r~I_' '., " ,=, . _c ;__--N'."', "">%' ':S'~T"i'rl!~f{ 'irm'ID"'ff"'[ rj1f'i.~~~~'tffftr'm11~rtn'~'~"f~(::'t!rF' ~ 0 ~ ~ *=' - - ~ c5 ~ -0 -J.J ----c:> ~. ",-,. ~~~ ,n -..J.: , -,* ~JI o (") C <:... ;~f:t; '" = C~ .r- ::1; ~~ o -" :r rn,;Q -om -',n (''';'1 -'10 -. 'Ti ~;J (J5 c-")rn ?E -< -~, (f~ ~;~(.:; CJ _t' _ , o {i..~-,:) -' c; z :< c- ~. ~ r..) Q "l!iW1""llmlllllr.Jl:I._"".>""",, .' i'!'I;i<~~~~~~~~f>'HHl">;~'~1!>'~"-'fl1(1;,~~f,:,qW~""""'D!1;r~:~~~m)flll'I'<!!Nfl!~"fej~ll!:i""1IT1l1M~W::~iIi!!!!W!<lli~~-ri PATRICK A. BINGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-2639 CIVIL ACTION LAW DONNA C. BROOKS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberlaud County Courthouse, Carlisle on Tuesday, June 08, 2004 at 8:30 AM for a Pre-Hearing 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. The court hereby directs the parties to fnrnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin\(. FOR THE COURT. By: /s/ Jacqueline M. Verney, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 "n"~ ,r~= un'" ""'n.""_"" ",. <, -- --~ ~_.~ . . , '^ ',"^,~'."".', "iii%'ij!';'<N';e.~-i'ld.tiiIiI!1i!1iDlI_iiM'tI---," -~.,-,.~~ 'r!!iMiil\WW;jll;itiiJ;"L~ai-~~~I!l~owil;ijjhltRi#JiI!~IIm~~!lllt;:ii'.:>\!iIi.l':-;'oit~"!!ii..",..,,,,,,,,M,, ,~ , '~",:U)*iimm1Jl, Jill'!_,"". , . 0 ~~,,",. ,'.- -,' cD n,-nr.c; hL - U!Tl\..l1,.. ~~ , '- "n'n 'nW'11,r:11 OF THE Ph"" \ ~....f';\.} I \1"" ,....,U <"I. h.9 20nt M' v 20 1'1'1 (.. c1 uu I nei I "".'lIml ()] I), .'1 ~;: UJl.., ji\ 1 ,,'J,V;'I'.' .' ..",-. ~.,~'" r, ",o"VI,'J"\II^ l";L.J~!\0: L~'.I"" \ r'. --"OUJ~~W &vi ~ ~F 4 ~ '71~~ ~ 4~. ~ ~ -U. ~ ~..~ yf~ J';2CJ 'tJ'I' S:d.() t?Y' ,.~", ,'c, \'kc',<';"'''','c,'',,-, ,"-~ r''''~' .,','~r, ",,,"' ,'." - .' "-'." """ .CO ,- .. - ".~" , " ~" _'1. chb ~ 'T1~1' " .,. ,., ',I :',: :;:: SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT_LAW 26 w. High Street Carlisle, PA ... MAY 1 2 2004 J \7 PATRICK A. BINGER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION. LAW NO. 2001.2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY AND NOW, this ORDER OF COURT I ~.fJ. day of ~ , 2004, upon consideration I of the within Petition, a Rule is issued on the Respondent to show cause why the relief requested should not be granted. Rule returnable at a hearing set for the qtJ-. day of r ,2004 in courtroom number '1 at the courthouse at Carlisle, Pennsylvania at -11 0(\ o'clock Q .m. J. '-- ',.",.~",~,....,. '~-' '^, ~'<"~""""~","~.,.,,-~,-,-- I".."",~,_-. .~ "Y"'."""',~"I. ~ ,I.i"-,_,,\,,,"',,'"~"_~"'..'.._F',"_"',,<-'.' " .>,>' ._,"_ D'''>' "_;" N",.,".'__" "_', __ ,_,.~." ~,,~ n' ~. . -'~ - Z:ZI/W - F,I' Er)_'1=cClNC L l. l,! J r'..;\~ 0" T' ". POOT"C'!'!'-)TNQ" i ,rl(: IL In ,I,,\., f""\"r 2aa~ NA Y 18 PH 3: 33 C' 'M;:.': ,:,' ", ,I (Y'.: 'fP" U'~'~I~..i :.J, I.., _"....'"J ,II f-JE[',j i\j.sYLv:~\~.l!/\ ',h' ""'_'c' 1l'!iI!\,~-,,,,~ ~: '-~' .,~~ ~ ''', '~1 ~~ , ~ '.~,: -,"'''''~,' .,;\;':','., ,'"'-,",,'c,',.,,,;, "';~#~1;' 'f-[n~1t .~. ": 1''': <'~.: ~~,..-~ ~ ,"~~~'.~~~~~~ll!iI~~ " ],~'Fx'ti:-<:,,,,,>-;<t~~ p.~~~,II-!!'l':""""~""""'~:O-' ~.. ~.~ SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A ;{1:'llI I! PATRICK A. BINGER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY PETITION FOR EMERGENCY RELIEF Now comes DONNA C. BROOKS, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, Kyle M. Binger, born July 7, 1990 and Cory A. Binger, born May 17, 1987. 2. Legal custody of the children is shared and physical custody of the children is as set out in the court's order of August 20, 2001 as amended on January 16, 2002 and August 15, 2002. Copies of the relevant court orders are attached hereto as Exhibit "A", "B" and "C" respectively. 3. On the same date as the date of filing this Petition, Petitioner has also sought modification of the court orders presently in place. 4. On April 27, 2004 Cory Binger, who will be seventeen years of age this month, was suspended from school for drug use. Upon information and belief, when Respondent went to pick the boy up at school he was under the influence of alcohol. 5. On April 29, Thursday at 6:40 p.m., the Petitioner picked Cory up at Respondent's house with Respondent's permission to keep him through Monday. The child was drunk at his father's house when Petitioner picked him up and later sobbing. On Saturday, May 1, when "--,,~'fO\;:'.",,,..,~rt'~, ; "_':' ,-.?. "" ""~,C'~<!~~,, [', '".'"''''",~,-. ,,' =.'-~'- ~,."'-,,.' .'. " 'I .' .,_'_" I"'" ,.,. ..<~ .. -- .' F .--..". SAIDlS SHUFF, FLOWER & LINDSAY ATIORNEVSIATlLAW 26 w. High Street Carlisle, P A I I i I I I I)~, Petitioner went to pick the child up from his employment, he was, once again, drunk and crying. Respondent refused to permit the child to go with the Petitioner, the police were called and a brawl ensued during which Respondent attacked Petitioner's husband. Upon information and belief Respondent is being charged with. simple assault and harassment. 6. Petitioner has not been permitted to see her child since May 1, 2004. Upon information and belief from reliable third parties, the child is fearful of his father. 7. The present court order permits the Respondent to veto any contact between Petitioner and her son and Respondent is presently prohibiting such contact. 8. Petitioner is concerned for the psychological well-being of her child and seeks the psychological evaluation for both children and the opportunity to see both children. WHEREFORE, Petitioner prays this Honorable Court to issue upon Respondent a Rule to show cause why she should not be permitted to have periods of partial custody with her children and why she should not be permitted to arrange for and take the children to a trained psychologist for an evaluation. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plainti ~ By: Carol J.,Lin ay, Esquire I D# 446 26 West High Street Carlisle, PA 17013 (717) 243-6222 . , . """"'~,>"",p_~c" .I1'f-'.~",~ ',,!.""" " -'- .. ~, "~'~~I''''~"~''''-i''''''-'''''":'''-~<~"F.'''''''' .",-, . rf.J ,.", ",,,,'j , - ~~ '''' " " , ~ ~. - ~, .- ~, ,. -""'~ '1.,. "" "' ~'~" " _,< ,.~'. ',. ,.w,. , VERIFICATION I, Donna C. Brooks, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. IOt'Vt~ C&~ Donna C. Brooks, Petitioner -, " 1;'1',-1- ,,,. , .,. ~ ~ , ~. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 w. High Street Carlisle. P A ~;.,,"~.~~, - -,~ , <--,,~,'y,,!,~, ,,' . " PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant/Petitioner: IN CUSTODY CERTIFICATE OF SERVICE AND 0""''';'--11 d'Yof~ ' 2004, I, Carol J. Lindsay, Esquire, of the law firm of SA S, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Emergency Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael J. Hanft, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant\Pef' ner -~"-'- By: Carol J. Lin ID# 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 ',','-,' '" ,~,~"" ,'''' ^',,-,. ~ '. , AUf 1 '? 2001 tP ) PATRICKA. BINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. DONNA C. BROOKS, Defendant NO. 2001-2639 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 1..0 day of consideration of the attached Custody Conciliati follows: 2001, upon Report, it is ordered and directed as 1. The prior Order of Court dated July 16, 2001, is hereby vacated 2. Father, Patrick A. Binger, and the Mother, Donna C. Brooks, shall have shared legal custody of Kyle M. Binger, born July 7, 1990 and Cory A. Binger, born May 17, 1987. Each parent shall have an equal right, to be exercised jointly with the other .' . parent, to make all major non-emergency decisions affecting the Children's general weJl- '- ' being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of Kyle. 4. Mother shall have partial physical custody of Kyle on alternating weekends from Friday at 6:00 p.m. to Sunday at 5:00 p.m. Mother may occasionally extend her time on Sundays iffamily activities are plarmed with reasonable prior notice to Father. 5. Father and Mother shall have shared physical custody of Cory at times agreed by the parties. Cory shall continue to attend Cumberland Valley Schools. The parties shall assure that the two children spend their weekends together. 6. Mother shall have physical custody of both children when, during the school year, the children are off from school on Mondays and Mother is off from work on Mondays and Father works. When the Mondays coincide with Mother's weekend schedule, the children will extend their weekend with Mother until Monday at 5:00 p.m. When the Mondays do not coincide with Mother's weekend, Mother shall pick up the children at a time agreed by the parties and return the children at 5:00 p.m. 7. Father shall assure that all of Kyle's psychiatric appointments are kept ,_ with Dr. Emily White and that all prescribed medication is administered to Kyle. Father . ......... .SXHlsIT .... I is to advise Mother of said appointments and if she cannot attend, Father will report the results of the appointment to Mother. 8. Father shall assure that Kyle continue in therapy with Victoria Whitcomb at the frequency recommended by her. Father shall make timely appointments for Kyle. 9. Mother and Father shall make a good faith effort to continue counseling with Victoria Whitcomb to assist in this custody transition and their communication with each other. 10. Father will assure that Wrap Around services will be instituted as recommended by Kyle's professional team. Father is to advise Mother of those services. 11. Both children are to continue with their present primary care physician, Dr. Scott Setzer, provided Father's insurance applies. Father is to advise Mother of all appointments and if Mother cannot attend, Father will report to Mother the results of the appointments. 12. Father is to advise Mother of all educational and extra-curricular activities of the children. Father assures that all medical, psychiatric, counseling and wrap around appointments will take precedence over extra-curricular activities. In the event Father is unable to transport the children to any activity, he shall notifY Mother in a timely fashion so that she may transport. 13. At all relevant times hereto and until Kyle's condition has improved, the parties shall not leave Kyle alone without an adult being present. 14. In the event Father is in need of babysitter services for a period longer than three (3) hours, Father is to contact Mother in a timely manner and give her the opportunity to have custody of the children. Transportation for the children in such event shall be shared by the parties unless otherwise agreed. 15. Both parties shall have liberal telephone access to the children while they are in the other parent's custody. Mother may contact the children at least every other evening generally after 8:30 p.m. 16. Parents must communicate with each other concerning custody matters and not through the children. 17. Mother shall be responsible for transportation of the children unless noted otherwise in this Order or otherwise agreed by the parties. 18. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure the health and well being of the children is protected. During '------' :~: " c ~_.",. 0,:. '"',_ _ -".'1 1 I' .~. 1 L ,~.- ,. such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 19. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children from the other party, or injure the opinion of the. children as to the other party, or which .may hamper the free and natural development of the children's love or affection for the other party. 20. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, October 24, 2001 at 9:30 a.m. BY THE COURT, cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother '1~,"" ' , ~"-"-' "-"'1' . ",. , ," I ~, : -,' I, " " ~, .,.-,.' /"'--, , J ~_.t ( ( ""--_/ " PATRICKA.BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : 2001-2639 CIVIL TERM V. DONNA C. BROOKS, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger Cory A. Binger July 7,1990 May 17,1987 Father Father 2. A Conciliation Conference was held in this matter on August 16, 2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ! - n -0 I Date ~%.k J cqu ne M. Verney, Esquire :J Custody Conciliator c:c:::::ceXHlJ3Ir. " I C;li!lll.~'<:'.'" JAN 0 2 200~ PATRlCKA. BINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : NO.2001-2639 CML TERM : CIVIL ACTION . LAW V. DONNA C. BROOKS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this It. 1;.. day Oft).. , .. 'l . ' 2001. upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court dated August 20, 2001, shall remain in full force and effect with the following modifications: '--..--,' A. Paragraph 9 of the Order of Court of August 20, 2001 shall be deleted in its . entity and replaced with the following: Mother and Father shall attend relational counseling with a counselor selected by the parties' attorneys. In the event the attorneys are unable to reach agreement, the counselor shall be Marty Williams. The parties shall share the cost of such counseling and attend counseling at the frequency recommended by the counselor. The parties shall sign releases so that the new counselor may obtain prior pertinent records as deemed necessary by the counselor. B. Paragraph 20 of the Order of Court of August 20, 2001 shall be modified to the extent that another Conciliation Conference is scheduled for March 27, 2001 at 8:30 a.m. 2. A determination on the allegations of the Petition for Contempt shall be held in abeyance and may be pursued by Mother in the future. BY THE COURT, /s/ A:.., 13 tJt-t/1 Edgar B. yley, .' . J. cc: Michael 1. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother 't"'W"'t-P> l~ I';~' - '(-"-.' ,7..,\-"'.....~ " ti ~;~,~'~ t~~ fc"";~,~),:~~,,., '?" ! n T f~{;~ht'\c':('~ v' "'. :~>il:. :~..,".'.,~,....c,"':',.,. 1/',. ." IIhS . J lJ"" ."'. ~b(:) ~ ( ~~-,' {F ."~-~- 7 ~PAf Pmtllonotart ."-1-'" ,_< I ,,~. " -, "" ,4PR 1 6 2D02 APR (} .5 ,aaz ]) .- PATRICKA. BINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA V. DONNA C. BROOKS, Defendant NO. 2001-2639 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, this /5 dayo consideration of the attached Custody Conciliatio follows: 2002, upon Report, it is ordered and directed as . 1. The prior Order of Court dated January 16, 2002, shall remain in full force . . and effect with the following modifications: A. Father shall forthwith make a counseling appointment with Marty Williams to. occur during the week of April 8, 2002 and shall attend counseling weekly or as frequently as recommended by Marty Williams. The parties shall sign all necessary releases requested by Marty Williams so that all information may . be shared with counsel for both parties. B. Father shall comply with Paragraph 8 of the Order of Court of August 20, 2001 concerning the continuation of Kyle's therapy with Victoria Whitcomb. . C. Mother may file for a hearing on her original Contempt Petition which was held in abeyance and on her Amended Petition for Contempt at any time without the necessity of a Conciliation Conference. 2. Either party may contact the Conciliator within three (3) months from the "':EXf'\iBII date of this Order to schedule another Conciliation Conference. . ........ ,., '. '..' .. ,......., ;,.1;..... . C.".. 'J .:::: ':":::::,,"\,. .... BY THE COURT, fI!.~:t~/ f5 101/ cc: Michael J. Hanft, Esquire, Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother . . -' ill l i: II Ii I' Ii Ii 'I I! II i.c:;___ ~ .,- -'.,' -" ~, '" '" ",.-,,",' '.c' ~7", """~"",l<~';;,' '~'-'d,'k~<o- i>'" W'"" ., ".,,,,,,~~",=,,, '<.'I"''''_'~~~~~ '"1JiI'lnT' () '" =, 0 c => -n ~ ~[~! ..,.. ::3!: :r::!l ~ )~". ~3 -' fTI, ~ -om (f~ :' ---'y .V ~ ( ~~Cj 0 '" -'40 0 -.:' -',-ri - .'>"-" ('-'-7;3 ....J :~~~ 3;, "'0 ...-'0, C_n1 ............ 0 ~ ~J ~ ~ .-0 <:...:, :';J -<;- 1:-'/ --. -< ~ ~ -- ,'-' ,,~ - ",,","))( rj:'f'1IJ,,=~"W~,. ",....,.~~._ r"~~~WI!"I~,t"i1,@!!.~'\'Ol"W'-';;;I!:i~lW"!'f0.'lf""~'1'<_"'Bl-F,:;j,".(:;p-,!",,,""f)!w~~!jf'l;f,,,w..:m;-,q!>ryf!1<!f"l:%i:*w,;>j_llilt~1 \ F:\User Folder\Firm Docs\Gendocs2004\1870-1rep]y.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK A. BINGER, Plaintiffi'Respondent No. 2001-2639 v. Civil Action - Law DONNA C. BROOKS, Defendant/Petitioner In Custody REPLY TO PETITION FOR EMERGENCY RELIEF AND NOW, this 25th day ofJune, 2004, comes Patrick A. Binger, Plaintiff /Respondent, by and through his attorneys, Hanft & Knight, P.C., and files the following Reply to Petition for Emergency Relief and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that Cory was suspended from school. It is specifically denied that Cory was suspended from school for drug use. It is specifically denied that Respondent was under the influence of alcohol as referenced in paragraph 4. Strict proof thereof is demanded at trial. 5. Admitted in part, denied in part. It is admitted that Petitioner picked Corey up at Respondent's house. Cory was not home when Respondent left for work. Since Respondent was not home when Petitioner picked up Cory, it is specifically denied that the child was drunk. Strict proofthereof is demanded at trial. 6. Denied. The averments of paragraph 6 are specifically denied. Strict proof thereof is demanded at trial. 7. Denied. The current Court Order speaks for itself. If a more specific answer is deemed appropriate, the averments of paragraph 7 are specifically denied and strict proofthereof is demanded at trial. '~."""~' v;. ,~-( ""><:"~",,,"",". ," T"~ ".'~'":"1'.~0-'~'1 .~ -rl'] _." '-I,' - " '" " 8. Denied as stated. The averments of paragraph 8 are a conclusion oflaw to which no responsive pleading is required. Strict proof thereof is demanded at trial. WHEREFORE, P1aintiffiRespondent respectfully requests this Honorable Court to dismiss DefendantJPetitioner's Petition for Emergency Relief. Respectfully submitted, HANFT & KNIGHT, P.C. Mi~2JH- Attorney ill No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for P1aintiffiRespondent ~! . ),0< "_~"'.t~,"'I", ,"l,;--..' . ,'~"', .' -. r ..~" r-,"/ '. - -.' ,. 'J'. H_,,,~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK A. BINGER, Plaintiffi'Respondent No. 2001-2639 v. Civil Action - Law DONNA C. BROOKS, Defendant/Petitioner In Custody CERTIFICATE OF SERVICE AND NOW, this 25th day of June, 2004, I, Michael J. Hanft, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Reply to Petition for Emergency Relief by first class, United States Mail, postage pre-paid, addressed as follows: Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 HANFT & KNIGHT, P.C. Mdk!e.J1# Attorney LD. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff /Respondent .- """".,,--:'''-~ "~';'" .. "'1''"''1,.-, , ~ ,., -.I" e,. VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. ~ ~ F \l:~r Fo]det'Fifm DOCI'Fom'l$\l.iligJliol\\Vcrific.uiOl\ ge/lcric .. 'j , f",,"d ~ t..,..,.",. ~'. ,-" -~=< "'- "~"' "."",, , 1!l!"'!V'~=>,......,,-. rn~~~,~. r ~~" - ~~'" ,'''' .',,;- 10 -''''' .-~""\,,,-., -.'T .~' "'.,~'"'' '~" .'" .".. "~,,~..~.w''',''.i 'l'IiI"i'litli1ilillilllJ~itllliiun r-nlllrlrlll1" "lr.IT ~t~ b:?' :!J , "". o ~i'~~ n",~ - ~ ''> = (;~ ..,.. r :~~ ~? =::.f ff1;IJ r- :&8 01 :::.:rJP _"_ 1'", ~j~ :.:;:r -< 1',;> <"'1 '"b ::At <.~ C':) '" ~~'t'l~...'~~'Wtt~\it':i,"".~.\#~~~I'-"",,"';'i>"'''<r-W-ij!!IfiOO'J:~ot.!Iji~~!!lJ.iM~t~i)'''~'''1!4'j~.,.W:.!I\l;ji~~~~ ,..,,,,-.,-. .' SAlOIS SHUFF, FLOWER & UNDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A 'I ,/:..,,,, " I \J JUL ~04 PATRICK A. BINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, Defendant IN CUSTODY ORDER OF COURT NOW, this -----h:-- day of J~ \ , 2004, upon consideration of the within Stipulation of the Counsel, the terms of thereof are hereby made an order of the Court. //' / \ By the Court, .,,,.,,.,,~"c"-" '""'He',.,.,r',,~.,,.,:"'" .~. ";',~,,',~,",,- ''1"'' r_,..,-,'..,<,,,c,.,,,j'_ .,e._.,O,,-,.' """." l' ~." r ,~ J. ," -., -.- ii'I rf tt ~P 'P'~ ~ , ~J' <:::l , ~~ l.".~",~.", . ^(.- ._~, ..." ."'_' J fJLED-OrFICE OF THE PROTHONOTil,RY ZaD!( JUL /3 Ml 8: 37 Cu'JI'Ar~,:~,:...: /' I' ,:' ""('11 ),\IT\1 \>1_,-;.",-', ;,j ''-,'--'.....,;/ I PENNSYl\t:l'N:A ,.".;.,"",. '.~''f''',~,,.,..- ';"._ . .1II,,,,..,,,,,p,-,~~~ '"" ~' " o~ "",~,' ",-'~",,"'~""',,"1~"-'",)\"<' ."''''. iD ,-- ." 'H'""' .. ''''; ,-- "dC;".. ~ .. -. 'IPTfJhi:lf tIn T11 '. '" _"."....~.~"'.~~"""""1l'!li~m~c~~.~~!!llJ!!-~~,.~~" ..~,~" SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT.LAW 26 W. High Street Carlisle. PA " PATRICK A. BINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-2639 CIVIL TERM vs. DONNA C. BROOKS, Defendant IN CUSTODY STIPULATION OF COUNSEL The parties hereto, through their counsel, agree as follows: 1. They are the parents of two children, Kyle M. Binger, born July 7,1990 and Cory A. Binger, born May 17, 1987. 2. On May 11,2004, Donna C. Brooks, hereinafter, Mother, filed a Petition for Emergency Relief and a hearing on that Petition is scheduled for Friday, June 4, 2004. 3. The parties have agreed to continue the Petition for Emergency Relief generally, a hearing thereon to be had at the request of either party. 4. Patrick A. Binger, hereinafter Father, shall provide Kyle M. Binger for counseling sessions with Marty Williams once a week for so long as Marty Williams shall determine commencing the week following June 28, 2004. Mother shall provide transportation of Kyle to the counseling sessions and Mother shall return Kyle to Father's residence. Father will insure that Kyle gets into Mother's vehicle for transporting and Mother will pay the costs of the counseling. "-\',~"!J!I!l,," ,< '-~=_' ._.2"_" .~_1_9_:--" -- -_'>_'__~/' '."" _''':_I'~;?'' ,.< ,." _~:_-,__:,;,~c_ ",_" ,".,>',. .'1_''-''_' =",.",. ''_,_,,"""f."''--''-",-." r--,~,"r- _, "c. ',,_. or,,_,._ "~,,'__ .= , SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT'LAW 26 w. High Street Carlisle. PA h"+,,", <,_,_~, ,,' ___~_ ",1 " 5. Father will provide counseling for Cory as recommended by the Student's Assistance Program at Carlisle High School or by Probation Department of the Cumberland County court system. Mother may participate in Cory's therapy. 6. This stipulation constitutes Father's express permission for Mother to obtain any information from the Carlisle area school district or from the Cumberland County court system regarding Cory and to participate, as recommended by any counselor in Cory's therapy. 7. Father does not object to Mother's amending paragraph 4 of her Petition for Emergency Relief to aver that Cory Binger was suspended from school for possession of marijuana as opposed to "for drug use". 8. The terms of this stipulation may be made an order of court. Witnesses: /lMt1j1/\ u ~~fbl ,,' "',""--, 1"'- '~'- " ,-' -,-,,'-_:~r'c: ,'c_ _'T,,,_ ,. I ~,,_ , . ~ --'''-~ ,""^'-'- ,- , "' , "-:" ~ ' . . F"_ ',-. "'y "1 ?\ Xi;; ... ,..'"' U <",.""., f ",!fit( ~ ~ -~ =!"T"C~ ~"c= ~ ',- () ...., 0 = C = '"T1 ;':-'" ...- -D{J1 L.. ..... c:: X-n rr~n : r'f1r- :i<_ ~-J": 1- 2~1~ I -om (J~ ....:.~. CD 96 - 5~ t:~~ -u ::e::n ".-",,( , ::it 00 5;~ z. Cd (jlTl --I "7 ;.~ :::j -< C..!'1 =< ,.....li_. o;'F'",_",Jn!k(lm~~~_~~_m>r .__,' o-~~(~