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08-2470
KRISTINA BINGHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08- jq 7a CIVIL TERM COLDREN BOGAR, 1. Plaintiff is Kristina Bingham, hereinafter referred to as Mother. Mother resides at 263 Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Coldren Bogar, hereinafter referred to as Father. Father resides at 483 Myers Street, Enola, Cumberland County, Pennsylvania 17025. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Age Connor Bogar 483 Myers Street 3.6.07 DOB, 1 yr old Enola, PA Connor was born out of wedlock. Connor is presently in the custody of Father as a result of his decision to withhold the child from Mother. During his lifetime, Connor has resided with the following persons and at the following Defendant : CUSTODY COMPLAINT FOR CUSTODY addresses: Name Address Date Kristina Bingham Coldren Bogar Kristina Bingham Stuart Bingham Bryan Bingham Stuart Bingham, Jr. Kristina Bingham Coldren Bogar 483 Myers Street Enola, PA 3588 Golf View Drive Mechanicsburg, PA 483 Myers Street Enola, PA birth - late 1/08 late 1/08 - early 3/08 early 3/08 - late 3/08 Kristina Bingham 3588 Golf View Drive early 3/08 - late 3/08 Stuart Bingham Mechanicsburg, PA Bryan Bingham Stuart Bingham, Jr. Coldren Bogar 483 Myers Street Enola, PA late 3/08 - present 5. Mother lives with the following persons: Name Relationship Amber Astnoft Roommate 6. It is believed that Father lives with the following persons: Name Connor Bogar Relationship Son with Plaintiff 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Connor in this or another court. 8. Mother has no information of a custody proceeding concerning Connor pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Connor or claims to have custody or visitation rights with respect to Connor. 10. Connor's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Connor was born, Mother has been his primary caretaker and was responsible for his emotional, mental and physical needs. b. Mother is fully capable of caring for Connor on a primary basis and has done so since his birth. Moreover, Mother has the full support of her family in providing for Connor's care on a primary basis. c. Mother has a safe, nurturing environment in which to care for Connor and has ensured that all necessities appropriate for having Connor on a primary basis are present in her home. d. Mother is willing to communicate with and work cooperatively with Father to co- parent Connor and will encourage their father/son relationship. 11. Father has not acted in Connor's best interests in ways including but not limited to the following: a. From March 29, 2008 until April 13, 2008, Father refused to allow Mother to visit with Connor and often refused to accept Mother's calls or emails regarding Connor. b. When Father allowed Mother to have Connor for an overnight visit, he placed unwarranted and unnecessary restrictions on the visit including a demand that Mother and Connor stay the night at paternal grandfather's home rather than Mother's home where she has all of the necessities to provide a safe environment for Connor. c. Father has refused to give Mother information about where Connor stays while Father is working. Father does not provide Mother with basic information that she is legally entitled to as Connor's biological parent. d. Father has allowed his anger and resentment regarding Mother's decision not to reconcile their relationship to interfere with his ability to co-parent cooperatively with Mother regarding Connor's best interests. 12. Every person with rights to custody or having actual physical custody of Connor has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Connor. 2. That Mother shall have primary physical custody of Connor. 3. That Father shall have periods of partial custody at times agreed upon by the parties. 4. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Connor during various holidays. 5. Any other relief this Court finds just and equitable. MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Kristina Bingham, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: r ?sti ng m KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08- ?Ly ?v CIVIL TERM COLDREN BOGAR, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Coldren Bogar, with a Complaint For Custody on fAa-, \ I Go , 2008 by certified mail, return receipt, restricted delivery, to the person and addresses below: Coldren Bogar 483 Myers Street Enola, PA 17025 I, Jessica Holst, verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. n! Date: I I ?? Signature: C .1 ?v c C.. ?? i`I -??? • s?S, V ?.+? ) ._ 'rY .....} M ?' -, .. ? ?? -: {Vii ^°(? KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff COLDREN BOGAR, To the Prothonotary: CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08- p- Y 7 U CIVIL TERM Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow, Kristina Bingham, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providingfr% legal services to the party. Jes ida I-l?olst,4uire M Penn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 r-y ,,,,a c? ?=? 1' ?j'_ ? ry w '`7 T7 ",,,, 'n Cal " ?? M -, ..?: ..? • • ^?? .`? --.. C? -? `^C KRISTINA BINGHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. COLDREN BOGAR DEFENDANT 2008-2470 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 18, 2008 , 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 Tuesday, May 20, 2008 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. 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: /s/ ac ueline M. Verne Es . Custody Conciliator 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ew McNees Wallace & Nurick LLC By: J. Paul Helvy, Esquire Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) phelyva-mwn.com ckrentzmana-mwn.com Attorneys for Defendant KRISTINA BINGHAM Plaintiff V. COULDREN BOGAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2470 CIVIL TERM : IN CUSTODY DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT FOR CUSTODY AND NOW comes Defendant Couldren Bogar (hereinafter "Father"), by and through his counsel, McNees Wallace & Nurick LLC, and files this Answer and Counterclaim to Plaintiffs Complaint for Custody, and in support thereof avers as follows: Father has insufficient information to either admit or deny this averment. Father has requested information from Kristina Bingham ("Mother") to confirm that Mother currently resides at 263 Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011, and is awaiting a response from Mother. 2. Admitted. 3. Denied. While Father acknowledges that Mother is seeking primary physical custody of Connor Bogar, Father specifically denies that Connor is in his custody because he has decided to withhold Connor from Mother. Father has been actively involved in Connor's life since birth, and has been the only individual to consistently live with Connor and provide him with a stable residence since his birth. As set forth more fully herein, and in Father's counterclaim for custody, it has not been in Connor's best interests for Mother to have periods of unsupervised custody of Connor because Mother has failed to maintain appropriate living conditions and Mother has demonstrated an inability to make decisions that are consistent with Connor's well- being. It is therefore Mother's decisions and actions that have interfered with her time with Connor. In an effort to ensure Connor's safety while with Mother, Father has requested information from Mother to confirm her living arrangements and status so that Mother can have unsupervised periods of custody. Father is still waiting for the information from Mother and Mother's attorney represents that they are preparing a response. Finally, Father also denies the information asserted by Mother regarding where Connor has resided since his birth. An accurate listing of where Connor has resided is set forth in Father's counterclaim for custody, below. 4. No responsive pleading is necessary as there was no paragraph 4 included in Mother's Complaint for Custody. 5. Father has insufficient information to either admit or deny this averment. Father has requested information from Mother to confirm the identity of individuals with whom Mother currently resides, and is awaiting a response from Mother. 6. Admitted. 7. Admitted. 2 8. Admitted. 9. Admitted. 10. Denied. For the reasons set forth herein, as well as in Father's counterclaim for primary custody, Connor's best interests and permanent welfare will not be served by granting the relief requested by Mother. A. Denied. It is specifically denied that Mother has been Connor's primary caretaker since birth. Mother and Father lived together through January 2008, and during that time, both parties shared caretaking responsibilities. After Mother and Father separated in late January, the parties continued to share caretaking responsibilities, although Father acknowledges that for a short period, Mother may have had slightly more custodial time with Connor. Starting in approximately mid-February, Father's custodial time and caretaking responsibilities began to increase as Mother began to reject her periods of custody, and it became clear to Father that Mother was not addressing Connor's needs. Father can therefore be classified as Connor's primary caretaker since at least mid-February 2008, and as jointly sharing caretaking responsibilities from Connor's birth up until that time. B. Denied. Mother has not been caring for Connor on a primary basis since his birth. Further, Father does not believe that Mother is capable of caring for Connor on a primary basis as evidenced by prior events and actions as set forth more fully herein. Father is without knowledge as to the current status of Mother's support from her family. C. Denied. Mother has a history of misleading Father with regard to her living arrangements. Starting in approximately early March, 2008, Mother informed Father that she had an apartment which lead Father to believe that Connor had safe 3 and stable accommodations while in Mother's care. Thereafter, also in April 2008, Father discovered that Mother did not maintain a residence and that Mother was instead residing with Connor in hotels and at friends' houses during her periods of custody. Father also discovered that all of the items necessary to care for Connor, including his crib, that Father provided to Mother remained in storage at Maternal Grandfather's residence despite Mother having left that residence in approximately early March. This therefore demonstrated to Father that Mother failed to have a reliable and permanent residence in which to care for Connor during that time period. In April, 2008, Mother asserted that she had a new apartment. Based on Mother's historical deceit, Father is unconvinced that Mother has a safe nurturing environment in which to care for Connor. Father has requested that Mother provide information substantiating her averment. D. Denied. Mother has a history of not being able to communicate or work cooperatively with Father. 11. Denied. Father has, at all times, acted in Connor's best interests and has been the sole party ensuring that Connor has a stable and secure environment and schedule as set forth in this paragraph, as well as in Father's Counterclaim for primary physical custody. A. Denied. At no time has father refused to allow Mother to visit with Connor. Mother had custody of Connor on March 29, 2008 at Father's house. From approximately March 30, 2008 through April 10, 2008 Mother frequently did not answer the telephone or return Father's calls, was argumentative when reachable and refused all offers from Father for contact with Connor. At no time has Father refused to accept Mother's calls or emails regarding Connor. Due to Mother's apparent instability and disinterest in spending time with Connor, on or about April 6, 2008, Father and Paternal 4 Grandmother (Father's mother) conferred with Maternal Grandfather (Mother's father) and all three parties decided that until all parties were comfortable with Mother's situation, that Mother's periods of custody would take place at Maternal Grandfather's residence. As a result of the efforts of Father and the grandparents, Mother had periods of overnight custody at her father's residence on April 13, 2008 and April 16, 2008. Father continues to maintain that he is opposed to Mother having unsupervised custody of Connor until she can provide sufficient assurances and information regarding her living arrangements and stability, and Father's counsel has provided a specific request for information to Mother's counsel. Mother's counsel has confirmed that a response will be forthcoming, and pending receipt of satisfactory information, Father has suggested that Mother continue to have supervised custody with Maternal Grandfather acting as the supervisor. Based on Father's suggestion, Mother recently had overnight supervised custody at Maternal Grandfather's house on Friday, May 2, 2008. B. Denied. As explained above, Father's belief that Mother should have supervised periods of custody at her father's residence stem from Mother's own actions, instability and historical deceit. This arrangement was discussed and agreed upon by Father, Maternal Grandfather and Paternal Grandmother on or about April 6, 2008. C. Admitted in part, denied in part. Father has been hesitant to provide information regarding where Connor is during Father's work hours based solely on Connor's best interests. This is because following the turmoil to Connor's schedule created by Mother, Connor was experiencing difficulties that Father believes stemmed from instability and a lack of routine. Father has established a routine for Connor, including stable and reliable care during the hours when Father is at work. Father 5 believed that given Mother's recent inconsistent and irrational behavior, Mother would disrupt Connor's schedule and cause further harm to the child. Father also feared that Mother would remove Connor while Father was at work and refuse to return Connor to his home. Father acknowledges that ordinarily Mother would be entitled to information regarding Connor's care, however Father believes that the immediate circumstances caution otherwise. Father hopes that Mother demonstrates her stability and willingness to behave in a manner consistent with Connor's best interests, which will enable him to communicate openly and make joint decisions with Mother. D. Denied. Father is interested only in having an amicable co- parenting relationship with Mother and is not interested in reconciling a romantic relationship with Mother. All of Father's actions are predicated on the best interests and welfare of Connor and all other emotions and relationships come second to Father. 12. Admitted. WHEREFORE, Defendant Couldren Bogar respectfully requests this Court to deny Mother's request for primary physical custody and instead grant Father the relief he seeks in his Counterclaim for Custody. 6 DEFENDANT'S COUNTERCLAIM FOR CUSTODY 13. Paragraphs 1 through 12 of Father's Answer to Mother's Complaint for Custody are incorporated as if set forth herein. 14. Father is Couldren Bogar, an adult individual who resides at 483 Myers Street, Enola, Cumberland County, Pennsylvania 17025. 15. Mother is Kristina Bingham, an adult individual, whose current address has not been confirmed, but who is believed to reside at 263 Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 16. Father seeks primary physical custody of the following child: Name Present Address(es) Age(s) Connor Bogar 483 Myers Street 1 year (DOB: 3/6/07) Enola, PA 17025 The child was born out of wedlock. The child is presently in the custody of Father who resides at 483 Myers Street, Enola, Cumberland County, Pennsylvania 17025. During the past five (5) years, the child has resided with the following persons and at the following addresses: Person s Address(es) Date(s) Father and Mother Father 483 Myers Street Enola, PA 17025 483 Myers Street Enola, PA 17025 Mother and Various Various Unknown Other individuals, Locations & Including family at 3588 Golf View Drive Maternal Grandfather's Mechanicsburg, PA House, and Mother's Friends At unknown locations (including hotels) Birth - January 2008 & Part of March 2008 Birth-Present Late January-April 2008 7 The mother of the child is Kristina Bingham, and is believed to reside at the address set forth in paragraph 15 above. The father of the child is Couldren Bogar who resides at the address set forth in paragraph 14 above. 17. The relationship of Couldren Bogar to the child is that of Father and his address is as set forth in paragraph 14 above. 18. The relationship of Kristina Bingham to the child is that of Mother and the address at which she is believed to reside is set forth in paragraph 15 above. 19. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another Court except for the claim for custody initiated by Mother to which this Counterclaim is filed. Plaintiff has no information of a custody proceeding concerning the child pending in the Court of this Commonwealth or in any other state except for the action initiated by Mother for custody to which this Counterclaim is filed. 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. 20. The best interests and permanent welfare of the child will be served by granting Father primary physical custody for the following reasons, among others: A. Father has been the only parent to consistently reside with Connor since birth, has been the primary caretaker since approximately mid-February 2008, and jointly shared caretaking responsibilities from Connor's birth until that time. Father is the only parent to demonstrate a lasting and consistent commitment to caring for Connor. 8 B. Unlike Mother, Father has proven that he is able to provide Connor with a stable and secure environment and routine. Mother previously claimed to have an apartment, but actually had been taking Connor to stay with her at friends' houses and in hotel rooms. Mother again claims to have another apartment, yet still has not provided any lease or rental documents to validate her claim. In contrast, Father has made it a priority to provide stability for Connor. Connor has become accustomed to his current schedule and is thriving as a result of Father's care. Granting Mother primary physical custody would constitute a drastic change to Connor's schedule. C. Father has the ability and interest to provide appropriate medical care for Connor. Father recently learned that Mother missed at least three medical appointments for Connor, which caused him to be behind schedule for routine vaccinations. Mother never informed Father of these appointments and it was not until Father took Connor for his next appointment that Father was aware of this situation. In addition, Father just recently learned that while Connor was in Mother's care, Connor fell down a flight of stairs and was taken to the emergency room. Mother still has not informed Father of this incident. In addition, despite repeated requests, Mother has refused to provide Father with the documentation necessary to establish appropriate and legitimate medical insurance coverage for Connor. D. Mother is without a reliable method of transportation because she has a suspended license due to her failure to address legal matters. Therefore, unlike Father, Mother is unable to provide transportation for Connor. Father believes that Mother was driving with Connor while she knew that she had a suspended license. E. Father is self-employed and therefore has a flexible schedule. 9 F. Father is committed to fostering a relationship between Mother and Conner, as can be evidenced by Father working with Mother and her family to establish a custodial arrangement that is in the best interests of Connor. Although Mother may not agree that periods of supervised custody is the most appropriate custodial arrangement at this time, Mother's historical conduct proves that until Mother achieves more stability, Connor's well being and safety would be jeopardized if he were in Mother's unsupervised care. Provided that Mother proves and demonstrates that she has suitable living arrangements and that she has a stable lifestyle, Father will support Mother having unsupervised periods of partial custody. G. For all other reasons set forth in Father's Answer to Mother's custody complaint. 21. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have all been named as parties to this action. WHEREFORE, Couldren Bogar respectfully requests that this Honorable Court grant the following: 1. Shared legal custody of Connor to both Mother and Father; 2. Primary physical custody of Connor to Father; 3. Periods of partial physical custody of Connor to Mother as follows: a. Until Mother substantiates her claims that she maintains an appropriate living environment and a stable lifestyle, Mother shall be entitled to periods of supervised custody to occur at Maternal Grandfather's residence; 10 b. Upon proof and demonstration that Mother has suitable living arrangements and that she is maintaining a stable lifestyle, Mother shall be entitled to periods of partial physical custody, which will increase in duration in a manner consistent with Connor's best interests. Respectfully Submitted, McNEES WALLACE & NURICK LLC BY ? ", / 4,12Z f. J. P I Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 facsimile Dated: 5 - C " 6,g Attorneys for Defendant 11 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Couldren Bogar Dated: 3151??Z CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 L J . Brenda Williams, Legal Secretary P Date: S m G/100 na =. i t1 ? ? ? ` ^ - ? '::: ,? - ? W? ? 9 . RR`` /" t+• ?..? { V LV McNees Wallace & Nurick LLC By: Cheryl B. Krentzman Attorney I.D. No. 203463 Audrey L. Buglione Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) ckrentzman ,mwn.com abuglionea-mwn.com Attorneys for Defendant KRISTINA BINGHAM Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. COULDREN BOGAR, Defendant : NO. 2008-2470 CIVIL TERM : IN CUSTODY FATHER'S EMERGENCY PETITION FOR RETURN OF CHILD AND NOW comes Defendant Couldren Bogar, by and through his counsel, McNees Wallace & Nurick LLC, and files this Emergency Petition for Return of his Child, and in support thereof avers as follows: Father is Couldren Bogar (hereinafter "Father"), an adult individual who resides at 483 Myers Street, Enola, Cumberland County, Pennsylvania 17025. 2. Mother is Kristina Bingham (hereinafter "Mother"), an adult individual, whose current address is unknown. It is believed that Mother may reside at 263 Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Father has requested confirmation of this information and is awaiting a response from Mother. I The parties are the parents of Connor Bogar, who is currently fourteen months old, having been born on March 6, 2007. 4. On April 16, 2008, Mother filed a Complaint for Custody. There is currently a Pre-Hearing Custody Conference scheduled for May 20, 2008 at 8:30 a.m. 5. Father has been the primary custodian of Connor since approximately mid-February 2008. The parties separated in January 2008 and have remained separated at all time since then except for a brief period in mid-March when Mother spent several evenings at Father's house. Prior to the parties' separation and through mid-February, 2008, Father and Mother both had caretaking responsibilities of the child. However, Father assumed the role of primary caretaker in approximately mid-February 2008 as Mother began to reject her periods of custody and it became clear to Father that Mother was not addressing Connor's needs. Specifically, Mother did not have a stable residence and was residing in various locations including hotel rooms, her parent's homes and friends' homes. Mother's constant changes to her residence exposed Connor to an unstable lifestyle and limited Mother's ability to provide adequately for Connor's needs. 6. Father has maintained a home and a schedule for Connor that has provided the child with stability. Father's actions have resulted in a noticeable reduction in the anxiety-triggered behaviors that Connor had been expressing since the parties had separated. 7. Although Father assumed the role of primary caretaker, he has consistently encouraged Mother's involvement with Connor so long as Mother was able to assure Father that Connor would be properly cared for and in a safe environment while with Mother. 2 8. Father's fears regarding Mother's inability to adequately care for Connor have been justified by the following: a. Mother told Father that she had leased an apartment, only for Father to later learn that Mother had actually been rotating through friend's homes or hotels; b. Father discovered that all of the items necessary to care for Connor, including his crib, which Father provided to Mother remained in storage at the maternal grandfather's residence; C. Mother has either missed appointments or refused to take Connor to at least three necessary medical appointments thus causing him to be behind schedule for routine vaccinations; d. Connor fell down the steps while in Mother's care and had to be rushed to the emergency room for treatment and Mother withheld that information from Father; e. Mother has a history of avoiding responsibilities such as refusing to appear at court dates involving a prior DUI offense; and Mother has previously abandoned a former residence without taking anything with her and with no notice to the previous landlord. 9. In an effort to address his concerns regarding Mother's ability to care for Connor and prior to the court's involvement, Father consulted with Mother's father who agreed that Mother needed oversight in order to properly care for Connor. 10. Given Mother's history, Father was concerned that allowing Mother unsupervised time with Connor would place Connor's health and well being in jeopardy. In an attempt to address these concerns, Father's counsel contacted Mother's counsel 3 by letter dated April 22, 2008 and requested that Mother provided Father with a) the location of her apartment and proof of a lease agreement, b) the identity of her roommate and c) verification of employment. See Exhibit A, letter dated April 22, 2008 11. Although Mother had not yet provided the requested information, which would have eased Father's fears, Father was desirous of encouraging a bond between Mother and Connor. On April 30, 2008 Father offered Mother periods of supervised visitation with Connor and agreed to Mother's father as the supervisor. Father's counsel again reiterated to Mother's counsel that Father was interested in fostering a positive relationship between Connor and Mother as well as between Mother and Father; however, he remained hesitant to allow Mother unsupervised time with Connor until he received assurances regarding Mother's housing and stability. See Exhibit B, letter dated April 30, 2008. 12. By letter dated May 1, 2008 Mother's counsel assured Father's counsel that Mother was willing to provide the requested information to some degree and, although she did not believe supervision was necessary, agreed to a supervised visit with Connor during the upcoming weekend. Mother also requested an unsupervised visit for the following weekend. See Exhibit C, May 1, 2008 letter. 13. The parties agreed to the timeframe for the upcoming supervised visit on May 2, 2008. Mother's counsel advised that maternal grandfather had agreed to supervise. The visit was successful and Father remained hopeful that such visits would continue to occur; however, Father remained concerned that allowing unsupervised visits without proof of Mother's stability would be detrimental to Connor's welfare. 14. On May 6, 2008 Father filed an Answer and Counterclaim to Mother's custody Petition and requested primary physical custody with Mother to have periods of 4 partial physical custody, initially supervised, and ultimately unsupervised upon assurance of her ability to provide a stable and suitable environment for Connor. 15. On May 7, 2008 Father responded to Mother's request for an unsupervised visit by reiterating that because he had not yet received any confirmation regarding the stability of Mother's housing or lifestyle, Father remained concerned that unsupervised visits were not in Connor's best interest. Instead, Father proposed that Mother again have a supervised visit with Connor, but suggested that the visit last a longer period of time than the visit the previous weekend. See Exhibit D, May 7, 2008 letter. 16. Mother again responded that supervision was an unnecessary imposition, but agreed to a supervised visit from 9:00 a.m. Saturday, May 10, 2008 through 7:00 p.m. Sunday, May 11, 2008. Mother's counsel assured Father's counsel that Connor's maternal grandparents would provide the supervision, but that due to grandfather's work schedule, the visit would take place first at grandmother's home and then at grandfather's. Given that Mother's driver's license has been suspended, the maternal grandparents had agreed to provide any necessary transportation while Connor was in Mother's care. See Exhibit E, letters dated May 8, 2008 and May 9, 2008. 17. At 6:15 p.m. on Sunday, May 11, 2008 Father received a phone call from Mother who stated, "I'm keeping Connor. We're going somewhere and until we have a custody agreement, you can't see him." 18. Father called the police, but was told that they could not help him without a custody Order in place. 19. Hoping to find Connor, Father drove to maternal grandfather's home. Maternal grandfather confirmed the conversation between Mother and Father in that 5 Mother was refusing to return Connor. Maternal grandfather refused to confirm or deny the location of Mother and Connor. Maternal grandfather stated that he did not "agree" to provide supervision over that weekend and did not support the idea. 20. Father's calls to Mother have gone unanswered. Two of the phone numbers that Mother had previously given Father have been disconnected. 21. Mother's actions have confirmed Father's fears that Mother is unstable and that Connor's safety is in jeopardy. Mother has removed Connor from the only stable home he has known, the only parent who has consistently cared for him and the only routine that was familiar to him. 22. Father is unaware of Connor's whereabouts and fears that Mother is exposing Connor to unsafe condition including being transported by Mother while she has a suspended license. 23. Father believes that Mother fled with Connor given his inability to locate Mother, maternal grandfather's refusal to reveal Mother's whereabouts, and Mother's refusal to return any of Father's phone calls. 24. A custody conciliation has been scheduled for May 20, 2008. There have been no prior custody Orders entered by a judge. However, Father is concerned that waiting for the May 20, 2008 conciliation to resolve this issue is not in Connor's best interest because Mother is likely to continue to move between hotel rooms and friends' homes to prevent Father from having any contact with Connor or knowledge of his whereabouts. 25. Father's counsel spoke with Mother's counsel to seek not only concurrence with this Petition, but also some explanation for Mother's behavior. Mother's counsel agreed with Father's counsel that Mother's actions were contrary to 6 the parties' agreement. She also advised that Mother refuses to return Connor to Father and that there was no concurrence with this Petition. 26. Father believes and therefore avers that Mother's actions have placed Connor's safety and well being in jeopardy and that it is in Connor's best interest that Connor be returned to Father's primary care. WHEREFORE, Couldren Bogar respectfully requests that this Honorable Court grant the following: Award of primary physical custody of Connor Bogar to Father; 2. Immediate return of Connor Bogar to Father; 3. Limited visitation between Mother and Connor and only under the supervision of a person approved by Father until further Order of Court or written agreement of the parties. Respectfully Submitted, MCNEEVANALLACE & NURICK LLC By Cheryl B/ Krentzq4h Attorney I.D. No. 03463 Audrey L. Buglione Attorney I.D. No. 206587 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 facsimile Dated: 6/rOmp Attorneys for Defendant 7 ,(x?IL14- ?- CHERYL B. KRENTZMAN DIRECT DIAL: (717) 237-5403 DIRECT FAX: (717) 260-1712 E-MAIL ADDRESS: CKRENTZMAN@MWN.COM April 22, 2008 VIA FACSIMILE & FIRST CLASS MAIL Jessica Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 RE: Kristina Bingham v. Couldren Bogar C.C.P. Cumberland County No. 2008-2470 In Custody Dear Attorney Hoist: Our office has been retained by Couldren Bogar to represent him in the action relating to the Custody of Connor Bogar. This letter is to advise your client, Kristina Bingham, to cease and desist in all manner and method of harassment of Couldren. Since late last week, your client has been calling, emailing and text messaging Cole well beyond an acceptable limit. In addition, your client appeared at Cole's residence over the weekend and the police were called twice. This pattern of behavior not only interferes with Connor's stability and care, but also interrupts Cole's ability to work and therefore provide for Connor. Please be advised that your client may contact Cole, within reasonable limits, at his home telephone number. Please do not have your client contact Cole through any other means other than using his home telephone number. I understand that your client has decided to seek custody of Connor at this juncture. Cole has no intention of interfering with or depriving Connor of a relationship with his mother, and it is our sincere hope that the parties are able to arrive at an agreement with which the parties are both satisfied. However, at this juncture, given your client's inconsistent and unstable living arrangements since January, it is our concerns that she is simply unable to provide Connor with an appropriate environment at this time. Cole has been primarily responsible for Connor and has created a schedule for Connor that has enabled him to obtain some stability in his life since the parties separated. As I stated above, Cole is willing, if not anxious, to foster a relationship between Connor and Kristina, but would like some security first in order to confirm that Kristina can offer the appropriate environment for Connor. Therefore, we, are requesting that you provide verification of the following: Jessica Holst, Esquire April 22, 2008 Page 2 1. Please verify the identity and age of Kristina's roommate. Please indicate how long the parties have known each other and how long they have lived together. Additionally, please provide a criminal history report performed on the Pennsylvania State Police website so that we can confirm that there are no concerns with this person. In the alternative, if you provide a date of birth for this individual, we will perform the background check on our own. 2. Please have Kristina's employer verify her employment and her work hours. 3. Please verify the location of Kristina's apartment. Please also have her landlord confirm, in writing, that Kristina is on the lease. Please confirm that this is an address the Kristina is using as her permanent residence. We would also like to have Cole's mother visit the apartment to ensure that it contains the appropriate amenities for Connor. It is my understanding that Kristina had been staying at hotels and at friends' apartments with Connor in the past and we would like to ensure that there is at least a crib and other baby items at this location. 4. Please provide Connor's original social security card and birth certificate for use in tax preparation. Once these items have been verified, this should provide my client with some security regarding Kristina's Very truly yours, McNEES WALLACE & NURICK LLC By Cheryl B. Krentzman CBK/bw Enclosure c: Couldren Bogar EKl.i6,# Q A V/V McNees Wallace & Nurick LLC attorneys at law April 30, 2008 VIA FACSIMILE & FIRST CLASS MAIL Jessica Hoist, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 RE: Kristina Bingham v. Couldren Bogar C.C.P. Cumberland County No. 2008-2470 In Custody CHERYL B. KRENTZMAN DIRECT DIAL: (717) 237-5403 DIRECT FAX: (717) 260-1712 E-MAIL ADDRESS: CKRENTZMANa@MWN.coM Dear Attorney Hoist: Thank you for your return call on Tuesday. I understand from our conversation that you are working with your client to obtain the information we requested by way of our letter dated April 23, 2008, but that you believe that it will take some time to gather the information and provide it to my office. You also indicated that you will not be providing some of the information in the requested format, but that you would be addressing the inquiries. As I explained over the phone, please prepare a response that you believe addresses all of our concerns. We will then review your response to make sure that all of our concerns are suitably addressed, and if there are any outstanding issues, I will contact you. As soon as your client provides sufficient information, we are willing to enter into a written custody agreement pending the conciliation whereby Kristina would have unsupervised periods of custody. As I have repeatedly told you, Cole is anxious to foster regular and unsupervised contact between Kristina and Conner provided that he has sufficient information to believe that Connor will be safe and in an appropriate environment while with Kristina, and he looks forward to receiving your response to our requests. As indicated above, the only thing preventing unsupervised contact between Kristina and Connor at this juncture is any delay by your client in providing the requested information-in other words, the ball is in your client's court to obtain the custody arrangement that she desires. However, because Cole wants to reunite Kristina and Connor as soon as possible, I suggested to you during our call that Kristina have periods of supervised custody pending our receipt of sufficient information as set forth above. After speaking with Cole regarding his schedule for this coming weekend (May 2-4), we are suggesting that Kristina have supervised custody of Connor from Friday evening at 5:00 p.m. until Saturday morning at 10:00 a.m. We propose that this period of supervised P.O. Box 1166. 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC Jessica Holst, Esquire April 30, 2008 Page 2 custody occur at Kristina's father's residence, with her father serving as the supervisor at all times. Cole will be responsible for dropping off and picking up Connor at Kristina's father's house, and we request that Connor be ready to be picked-up promptly at 10:00 a.m. Due to her suspended license, Kristina must agree not to drive Connor, and that all driving or transportation of Connor will be performed by her father. If you agree to the above, please provide written confirmation of your client's acknowledgement of these terms. We are also requesting a letter from Kristina's father accepting his role as supervisor as set forth above, or in the alternative, written confirmation from you that you have spoken with her father and he also agrees to these terms. Unless I receive confirmation in writing from your office before Friday, May 2, 2008, we will assume that your client rejects the notion of supervised custody this weekend. Finally, I also wanted to address a comment that you made during our conversation with regard to Kristina's assertion that she is unable to speak on the telephone with Connor. Please advise your client that Cole has no objection to Kristina speaking on the telephone with Connor and in fact encourages this contact. As Cole has previously informed Kristina, the best time for Kristina to call the home number is between 6:00 p.m. and 7:00 p.m. Kristina's recent calls later in the evening have been at times that Connor is asleep and he is therefore unavailable. We look forward to your response. Very truly yours, McNEES WALLACE & NURICK LLC r By Cheryl . Krentzman CBK/bw c: Couldren Bogar C"kbi+ C- II1711 i ceb MidPenn Legal Services 5- c? r 401 E. Louther Street, Suite 103, Carlisle, PA 17013 717-243-9400 FAX 717-243-8026 Toll-Free 800-822-5288 www.midpenn.org May 1, 2008 Via Facsimile (260-1712) and US First Class Mail Cheryl B. Krentzman, Esquire P.O. Box 1166 100 Pine Street Harrisburg, PA 17108 Re: Bingham v. Bogar No. 08-2470 Civil Term Custody Dear Attorney Krentzman: I received your correspondence of April 23r`t and April 30t" and have had the opportunity to discuss both letters with Ms. Bingham. I can provide the following in response to the other matters outlined in your April 23r`' correspondence. 1. Ms. Bingham will provide me with information regarding her apartment and her current lease. I will confirm to you that this is Ms. Bingham's permanent residence. You should be aware that Ms. Bingham and her father have repeatedly offered Mr. Bogar and his mother the opportunity to visit her home and that has been rejected. If Mr. Bogar's. mother would like to visit the apartment Ms. Bingham is still agreeable to that but Ms. Bingham's father will be present during that visit. Please contact me if Mr. Bogar and his mother wish to accept Ms. Bingham's offer to tour her home and we will coordinate dates. 2. I have requested the opportunity to speak to Ms. Bingham's roommate and will advise you of my perceptions following that conversation. I will not agree to provide any of her personal information for purposes of a background check inasmuch as there is no evidence to warrant such an invasion of her privacy. 3. Ms. Bingham will provide me with confirmation of her employment and I will confirm in writing that I have received that information. 4. Ms. Bingham's entire family expressed their full support for Ms. Bingham in this process, and agreed to provide any necessary transportation when Connor is in Ms. Bingham's care. Ms. Bingham has not, and has no intention to, drive, with or without Connor, while her license is suspended. She will have her license returned before the end of 2008, making this a minor inconvenience rather than the crisis that Mr. Bogar seems to feel it is. 5. There are no active warrants for Ms. Bingham. 6. Ms. Bingham has assured me that Mr. Bogar has a telephone number for her, an email, address for her, and through the custody complaint, he has her address. The reason Mr. ;,?! LSC Bogar had difficulty reaching Ms. Bingham because he broke her cellular phone during an altercation, resulting in the number being disconnected for a period of time. In regard to your April 30th correspondence regarding a visit between Ms. Bingham and Connor this upcoming weekend, Ms. ,Bingham is agreeable to the terms proposed. I reiterate, however, that Ms. Bingham is accepting the proposal in order to see her son and this should not be construed as an agreement that she should be limited to supervised visitation. To the contrary, Ms. Bingham has been Connor's primary caretaker since his birth and Mr. Bogar has been a limited participant in the parenting process. After our clients failed to reconcile the current unfortunate situation developed. That being said, Ms. Bingham will agree to a visit, at her father's home and under his supervision. I spoke to Mr. Bingham and he is in agreement with this arrangement as well. It should be understood, however, that if Mr. Bingham is unable to be home from work at precisely 5:00p.m., Ms. Bingham's mother will be present until Mr. Bingham arrives. Finally, Ms. Bingham is also requesting that next weekend, she have a weekend visit with Connor, without the unnecessary restrictions of supervision. Since next weekend is Mother's Day weekend, I expect that Mr. Bogar would respect the significance of that holiday and agree to such an arrangement inasmuch as he would likely appreciate such respect the weekend of June 15`', Father's Day weekend. Please contact me before 4:30p.m. this afternoon to confirm that this weekend's exchange will be taking place as agreed. We can further discuss the proposal for next weekend at a later date. I will be out of the office tomorrow, May 2, 2008, but if we speak later this afternoon, I will be happy to provide you with my cell number. I look forward to hearing from you and appreciate your anticipated cooperation in resolving this matter with encouragement to both parties to work together to co-parent Connor. Sincer j l J s'?a olst cc: Kristina Bingham ?5 k?b,+- x A V/V McNees Wallace & Nurick LLC attorneys at law May 7, 2008 VIA FACSIMILE & FIRST CLASS MAIL Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 RE: Kristina Bingham v. Couldren Bogar C.C.P. Cumberland County No. 2008-2470 In Custody Dear Attorney Holst: CHERYL B. KRENTZMAN DIRECT DIAL: (717) 237-5403 DIRECT FAX: (717) 260-1712 E-MAIL ADDRESS: CKRENTZMAN@MWN.COM I am writing in response to your letter dated May 1, 2008 wherein you indicate the information that you will be providing responsive to our requests regarding your client's living arrangements and status. We anxiously await your responses so that we can arrange for your client to have periods of unsupervised partial custody pending the conciliation. I am also writing in response to your request that Mr. Bogar agree to unsupervised visitation this coming weekend (May 9th through May 11th) due to the Mother's Day holiday. While my client certainly respects the significance of this holiday, without verification of Kristina's living arrangements as well as satisfactory responses to the original requests contained in our prior correspondence, we are simply not convinced that it is in Connor's best interest to be in the unsupervised care of Ms. Bingham. We are, instead, suggesting that Ms. Bingham have supervised custody from Saturday at 9:00 a.m. until Sunday at 7:00 p.m. to occur at her father's house under the same conditions set forth in our April 30, 2008 correspondence that guided this past weekend's period of custody. Please advise, in writing, if this is acceptable to your client so that we can arrange the schedule. We look forward to your response. C B K/bw c: Couldren Bogar Very truly yours, McNEES WALLACE & NURICK LLC By Cheryl B. Krentzman P.O. Box 1166. 100 PINE STREET - HARRISBURG, PA 17108-1166 - TEL: 717.232.8000 - FAX: 717.237.5300 - WWW.MWN.COM COLUMBUS, OH - STATE COLLEGE, PA - LANCASTER, PA - HAZLETON, PA - WASHINGTON, DC 6x k, b,+ C?, 05-08-'08 12:49 FROM- May 8, 2008 IiiiiW MidPenn Legal Services 401 E. Louther Street, Suite 103, Carlisle, PA 17013 717-243-9400 FAX 717-243-8026 Toll-Free 800822-5288 www.midpenn.org Via Facsimile (260-1712) Only Cheryl B. Krentzman, Esquire P.O. Box 1166 100 Pine Street Harrisburg, PA 17108 Re: Bingham v. Bogar No, 08-2470 Civil Term Custody Dear Attorney Krentzman: T-580 P002/002 F-435 5-- I OO received your correspondence of May 7th regarding this upcoming weekend, Although disappointed that Mr. Bogar will not allow for the unfettered time between Ms. Bingham and her son, Ms. Bingham is willing to agree to the proposed terms for this weekend, with some modification. Unfortunately, Mr. Bogar's stipulations are not only an unnecessary imposition on Ms. Bingham, but also on her family. Mr. Bingham, the maternal grandfather, is scheduled to work this Saturday and as such, the supervised visit will take place initially at Mrs. Bingham's, the maternal grandmother's, home from 9:00 a.m. until 5:00 p.m. at which time Ms. Bingham and Connor will return to Mr. Bingham's home. Mr. Bogar knows where Mrs. Bingham lives and he, can drop off Connor there in the morning and he can pick Connor up Sunday evening at 7:00 p.m. at Mr. Bingham's home. As Ms. Bingham has made clear on prior occasions, she does not, and will not drive Connor; her mother or father will provide transportation, I will be in a hearing the remainder of this afternoon but as always, I will be able to retrieve telephone messages or, after the conclusion of the hearing, faxed correspondence. I look forward to hearing from you and to the opportunity to tell Ms. Bingham that she will be able to enjoy her son's company for this Mother's Day weekend. cc: Kristina Bingham HMI LSC AVAI- McNees Wallace & Nurick LLC attorneys at law May 8, 2008 CHERYL B:KRENTZMAN DIRECT DIAL: (717) 237-5403 DIRECT FAX: (717) 260-1712 E-MAIL ADDRESS: CKRENTZMAN@MWN.COM Jessica Hoist, Esquire MidPenn Legal Services VIA FACSIMILE & FIRST CLASS MAIL 401 East Louther Street Carlisle, PA 17013 RE: Kristina Bingham v. Couldren Bogar C.C.P. Cumberland County No. 2008-2470 In Custody Dear Attorney Hoist: I am writing in response to your correspondence of earlier today regarding the schedule for this upcoming weekend (May 9-11, 2008). As I have indicated from the beginning of my involvement in this case, while Cole's main priority is ensuring that Connor is in a safe environment, Cole also wants to help foster a meaningful relationship between Kristina and Connor in any manner possible that is consistent with Connor's safety and stability. We continue to await your responses to our requests for information, and hope to receive information that will support Kristina having periods of unsupervised partial custody of Connor pending the conciliation. In the meantime, in an effort to foster contact between Kristina and Connor, Cole is certainly willing to have Mrs. Bingham (maternal grandmother) supervise part of the visit that he proposed for this weekend between Connor and Kristina. Cole accepts that the supervised visit will occur at Mrs. Bingham's home from 9:00 a.m. to 5:00 p.m. on Saturday, with the remainder of the visit to occur at Mr. Bingham's residence. I am asking that you confirm in a responsive letter that Mrs. Bingham (maternal grandmother) and Mr. Bingham (maternal grandfather) will be the supervisors present at all times at each of their respective homes. Provided that this detail is confirmed, Cole will drop Connor off at Mrs. Bingham's house at 9:00 a.m. on Saturday and will pick-up Connor at Mr. Bingham's house at 7:00 p.m. on Sunday. Very truly yours, McNEES WALLACE & NURICK LLC By v Che B. Krentzman CBK/bw c: Couldren Bogar P.O. Box 1166. 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 - FAX: 717.237.5300 . WWW.MWN.COM COLUMBUS, OH . STATE COLLEGE, PA . LANCASTER, PA . HAZLETON, PA . WASHINGTON, DC f; r 05-09-'08 19;09 FROM- a May 9, 2008 1171111 MidPenn Legal Services 401 E. Louther Street, Suite 103, Carlisle, PA 17013 717-243-9400 FAX 717-243-8026 Toll-Free 800-822-5288 www nlidpenn.org Via Facsimile (260-1712) Only Cheryl B. Krentzman, Esquire P.O. Box 1166 100 Pine Street Harrisburg, PA 17108 Re: Bingham v. Bogar No, 08-2470 Civil Term Custody Dear Attorney Krentzman: ^,,. T-592 P002/002 F-956 This is in response to your correspondence of May 8, 2008 regarding this upcoming weekend. This will confirm my earlier correspondence regarding the supervised visit this weekend. As Y indicated previously, Mr. Bogar can drop off Connor at Mrs. Gingham's home on Saturday morning at 9:00 a.m. and he can pick Connor up Sunday evening at 7:00 p.m, at Mr. Bingham's home. AO cc: Kristina Bingham LSC lf= VERIFI;ATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Couldren Bogar Dated: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served via facsimile and first class mail, postage prepaid, upon the following: Jessica Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 -4u? 4t-& Brenda' A 'lliams, Legal Secretary Date: ?? D rv y ? O <- w ...< 1'T71T fU n li ft 4- 2 J rr KRISTINE BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW COULDREN BOGAR, Defendant NO. 08-2470 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of May, 2008, upon consideration of Defendant's Emergency Petition for Return of Child, with respect to the parties' son, Connor Bogar (d.o.b. March 6, 2007), and following a telephone conference with counsel for Plaintiff in the person of Jessica B. Holst, Esq., and counsel for Defendant in the person of Audrey L. Buglione, Esq., and Cheryl B. Krentzman, Esq., held on this date, it is ordered and directed, pending the custody conciliation conference and further order of court, as follows: 1. Legal custody of the child shall be shared by the parties; 2. Physical custody of the child shall be shared by the parties for alternating 48-hour periods, beginning at 6:00 p.m. and ending at 6:00 p.m.; 3. The father's first 48-hour period shall begin on Tuesday, May 13, 2008, at 6:00 p.m.; 4. Transportation for exchanges of custody shall be the responsibility of the father; 5. Neither party shall secrete the location of the child from the other party; and 6. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, J. IV IN WASSN{IN2,4 s 1 6 WV S ! OW 8001 3Hi JO ^f + M 9_39 H Jessica Holst, Esq. MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 Attorney for Plaintiff Cheryl B. Krentzman, Esq. Audrey L. Buglione, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Defendant 44eaii 1. J' b KRISTINE BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2470 CIVIL ACTION - LAW COULDREN BOGAR, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _23ik day of IM 7 , , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 13, 2008 is hereby vacated. 2. The Mother, Kristine Bingham and the Father, Couldren Bogar, shall have shared legal custody of Connor Bogar, born March 6, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The parents shall keep each other informed as to all medical appointments made for the child in advance so that both parents may attend medical appointments. 3. Father shall have primary physical custody of the child for the next month with Mother having the following periods of partial physical custody: A. Beginning May 23, 2008 every weekend from Friday at 4:30 p.m. to Monday at 7:00 a.m., except that Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 7:00 p.m. B. Father shall have physical custody at all other times. c r U l L CL- " "i Y.l.? C\1 py o Li...` I r a^L /LL- .?? CV 4. Beginning June 19, 2008 the parties shall have shared physical custody with Mother having physical custody from Thursday at 4:30 p.m. to Monday at 7:00 a.m. on alternating weeks and on the off weeks, Mother shall have physical custody from Friday at 4:30 p.m. to Monday at 7:00 a.m. Father shall have physical custody at all other times. During the weeks that Mother has physical custody from Thursday to Monday, Father shall pick up the child on Friday mornings and transport the child to daycare, then return the child to Mother at 4:30 p.m. 5. Father shall be responsible for all transportation unless otherwise agreed by the parties. 6. Mother shall provide to her counsel a copy of her lease and counsel for Mother shall confirm with opposing counsel that Mother's name is on the lease. In the event that Mother is not on the lease, the parties may contact the Conciliator for a telephone conference. 7. Neither party may partake in alcoholic beverages to the point of intoxication immediately before or during their period of physical custody or use illegal drugs immediately before or during their period of physical custody. To the extent possible, both parties shall prevent any third party from being intoxicated or use illegal drugs in the child's presence. 8. The parties shall return the child to the non-custodial parent in the same clothing as the child was dropped off in. 9. Neither parent will do or say anything, not permit a third party from doing or saying anything that may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 10. Mother shall provide Father with a current copy of the child's medical insurance card by May 22, 2008. 11. 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 Custody Conciliation Conference is scheduled for August 18, 2008 at 10:30 a.m. BY THE CQURT, V C__ J. Vffsley Oler, Jr., J. cc: Jessica Holst, Esquire, Mid Penn LegV1 Services, Counsel for Mother Cheryl B. Krentzman, Esquire, Counsel for Father 14 KRISTINE BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2470 CIVIL ACTION - LAW COULDREN BOGAR, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Connor Bogar March 6, 2007 shared 2. A Conciliation Conference was held in this matter on May 20, 2008, with the following in attendance: The Mother, Kristine Bingham, with her counsel, Jessica Hoist, Esquire, MidPenn Legal Services and the Father, Couldren Bogar, with his counsel, Cheryl B. Krentzman, Esquire. 3. A Prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated May 13, 2008 providing for shared legal custody and shared physical custody on an alternating 48 hour schedule. 4. The parties agreed to an Order in the form as attached. S-7o-b'y A Date ac eline M. Verney, Esquire Custody Conciliator KRISTINA BINGHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-2470 CIVIL TERM COULDREN BOGAR, CUSTODY Defendant STIPULATION AND AGREEMENT 1. This day of December, 2008, the parties, Kristina Bingham, ("Mother") and Couldren Bogar, ("Father") Stipulate and Agree that all prior orders of custody in this matter be vacated and that custody of the parties' minor child, Connor Bogar, born March 6, 2007, shall be as follows: 2. The parties shall share legal custody of Connor. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all non-emergency decisions affecting Connor's general well-being, including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309 each parent shall be entitled to all records and information pertaining to Connor, including but not limited to medical, dental, religious or school records, medical insurance cards, medical documentation, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to Connor. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents, including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights and the like. The parents shall keep each other informed as to all medical appointments made for Connor in advance so that both parents may attend medical appointments. 3. The parties shall have shared physical custody of Connor as follows: a. Week One: Father shall have custody of Connor from Monday at 7:00 a.m. until Thursday at 4:30 p.m. and Mother shall have custody of Connor from Thursday at 4:30 p.m. until Monday at 7:00 a.m. b. Week Two: Father shall have custody of Connor from Monday at 7:00 a.m. until Friday at 4:30 p.m. and Mother shall have custody of Connor from Friday at 4:30 p.m. until Monday at 7:00 a.m. 4. Transportation: a. Father shall be responsible for any and all transportation of Connor unless otherwise agreed upon by the parties. This means that the parties are in agreement that Mother currently is prohibited from driving with Connor in the vehicle. During the weeks that Mother has physical custody of Connor from Thursday until Monday, Father shall pick up Connor on Friday morning to transport him to daycare and will then return Connor to Mother on Friday evening. b. It is anticipated that Mother will be securing car insurance in the immediate future. Upon doing so, Mother's counsel will furnish to Father's counsel documentation sufficient to prove that Mother has a valid driver's license and car insurance policy. Once such documentation has been confirmed, the parties' counsel will enter into a written agreement amending this transportation provision. 5. Holidays: a. The parties will share custody of Memorial Day, July 41h and Labor Day by allowing them to fall within the regular custody schedule. There will be no changes to the normal custody schedule for these three holidays unless the parties have agreed, in writing, to make such changes. b. The parties will share the Halloween holiday with Mother having the first hour of trick-or-treat night in even numbered years and Father having the second hour of trick-or-treat night in even numbered years. In odd-numbered years, Father shall have the first hour of trick-or-treat night and Mother shall have the second hour of trick-or-treat night. c. The parties will share the Thanksgiving holiday with Father having the first half of the holiday in even numbered years and Mother having the first half of the holiday in odd numbered years. The first half of the holiday shall be from 5:00 p.m. the night before Thanksgiving until 3:00 p.m. the afternoon of Thanksgiving and the second half of the holiday shall be from 3:00 p.m. the afternoon of Thanksgiving until 5:00 p.m. the following day. d. The parties will share the Christmas holiday with Father having the first half of the holiday in even numbered years and Mother having the first half of the holiday in odd numbered years. The first half of the holiday shall be from 12:00 noon on December 24th until 3:00 p.m. on December 25th and the second half of the holiday shall be from 3:00 p.m. on December 25th until 12:00 noon on December 26th. e. The parties will share the New Year's holiday with Father having the first half of the holiday in even numbered years and Mother having the first half of the holiday in odd numbered years. The first half of the holiday shall be from 5:00 p.m. December 31St until 3:00 p.m. January 1St and the second half of the holiday shall be from 3:00 p.m. January I" until 5:00 p.m. January 2nd f. The parties will share Connor's birthday with Father having the first half of the day in odd numbered years and Mother having the first half of the day in even numbered years. The first half of the day shall be from 7:00 a.m. until 2:00 p.m. and the second half of the day shall be from 2:00 p.m. until 8:00 p.m. g. The parties will share the Easter holiday with Father having the first half of the holiday in even numbered years and Mother having the first half of the holiday in odd numbered years. The first half of the holiday shall be from 8:00 a.m. until 2:00 p.m. and the second half of the holiday shall be from 2:00 p.m. until 8:00 p.m. h. Mother shall always have custody of Connor on Mother's Day. The Mother's Day holiday shall be from 7:00 a.m. until 7:00 p.m. i. Father shall always have custody of Connor on Father's Day. The Father's Day holiday shall be from 7:00 a.m. until 7:00 p.m. j. Both parties shall be entitled to two non-consecutive weeks of vacation time with Connor. Until Connor is enrolled in school, either party can exercise his/her periods of vacation throughout the year. Once Connor is enrolled in school, the parties agree that they will limit extended vacation times to the summer break from school unless a school-year vacation is agreed to by the other party. Each party must provide the other with 30 days written notice as to when s/he intends to exercise each week of custody. Neither party will schedule their vacation time during a period which will interfere with the other parent's holiday time with Connor unless specifically agreed to by the other parent. In the event that the parties elect to take vacation during the same time periods, the first party to provide written notice shall be entitled to exercise the vacation request. The parties will provide the other parent with contact information regarding where the vacation will be taking place and how the vacationing parent and Connor can be reached. 6. The parties agree that they will abide by the right of first refusal. If the custodial parent requires child care for more than five hours during non-daycare hours, the non-custodial parent has the first opportunity to provide child care for that period of time. Connor will then return to the parent scheduled for custodial time. 7. Neither party may partake in alcoholic beverages to the point of intoxication immediately before or during their period of physical custody or use illegal drugs immediately before or during their period of physical custody. To the extent possible, both parties shall prevent any third party from being intoxicated or using illegal drugs in Connor's presence. 8. The parties shall return Connor to the other parent in the same clothing as Connor was dropped off in. 9. Neither party will do or say anything, nor permit a third party from doing or saying anything that may estrange Connor from the other party, or injure Connor's opinion as to the other parent or which may hamper the free and natural development of Connor's love and respect for the other parent. 10. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is directed between the parties, and not through Connor or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties in order to develop and maintain a cooperative co- parenting relationship. 11. Both parties shall provide the other parent with up-to-date information regarding their residence, telephone numbers and roommates/co-habitants. If this information is to change, the party with the changing address, telephone number or roommates/co- habitants shall notify the other party in writing as soon as the decision to change is made, and in any event before the change in living arrangements occurs. If there are to be new roommates or co-habitants, the other parent will be provided with that person's name and occupation. 12. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. 13. This Court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both parties agree in writing to transfer jurisdiction to any other appropriate court. 14. The parties agree that this stipulation agreement shall be entered as a court order. ,F tina laintiff ren Bogar, Defendant Je s 1st, Esquire A torney for Plaintiff 1dPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Ch B. Krentzm squire Attorney for Defendant McNees Wallace & Nurick LLC 100 Pine Street Harrisburg, PA 17101 tv -_`.?, r ? t ) :a.a ;7 ... '?'7 C<'{ _,,.? ? l ;?. `. S (\.? '.; ?? h,a .r .I 0 0,nu 23ZM6 KRISTINA BINGHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 08-2470 CIVIL TERM COULDREN BOGAR, CUSTODY Defendant ORDER It is ordered on this -2-ci day of lc- C , 2008, on consideration of the attached Stipulation and Agreement, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an order of Court. BY THE COURT: Distribution: Jessica Holst, Esq. idPenn Legal Services, 401 E. Louther St., Carlisle, PA 17013 Meryl B. Krentzman, Esq., McNees Wallace and Nurick LLC, 100 Pine Street, Harrisbur; A ?fl :oil " 3 07 SEP 14 2009 c, KRISTNE BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2470 CIVIL ACTION - LAW COULDREN BOGAR, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 10" day of September, 2009, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Jac eline M. Verney, Esquire, tody Conciliator I"'yI1" OF THE PRA'?` PCN OTARY 2009 SIP 14 PH 2: 2 7 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYiNI CO CIVIL ACTION -LAW z ' rn t 'T -4 c--; KRISTINA M. BINGHAM, ) Plaintiff ) V. ) No. 08-2470 ) COULDREN D. BOGAR, ) Defendant ) g(3`0p A tW Petition for Modification 3O/'76r 1. Petitioner is Plaintiff, KRISTINA M. BINGHAM, who currently resides at 17 Sussex Rd, Camp Hill, Cumberland County, PA 17011. 2. Respondent is Defendant, COULDREN D. BOGAR, who currently resides at 4102 Parable Way, Cary, Wake County,NC 27519. 3. Petitioner and Respondent are the natural parents of the following child: Name Age CONNOR C. BOGAR 6 years 4. A custody order was entered on December 24, 2008, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Petitioner seeks to modify the custody order because: The father has moved from the state. 6. Petitioner believes the custody order should be changed as follows: The child to stay with mother while tracked out during school year and holidays. WHEREFORE, Petitioner respectfully requests that this Court modify the Order as requested. Date: of 11-4o19 � ' TINA . 1!, - , Plaintiff Petition for Modification Page 3 of 3 Verification I, KRISTINA M. BINGHAM, Plaintiff,verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. Date: a- 1+10 N —wh KRI INA ►, firrilv. AM,Plaintiff Petition for Modification Page 4 of 4 . r, �r-, s.,V s KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 08-2470 CIVIL TERM COULDREN BOGAR, : CUSTODY Defendant ORDER It is ordered on this �. IT/) day of eC , , 2008, on consideration of the attached Stipulation and Agreement, it is hereby ORDERED and DECREED that the terms and conditions of the aforementioned stipulation are hereby entered as an order of Court. BY THE COURT:--'k - f SI , � . . r., u g � � �� -s esl ► --TR . I-R.7. c , . - -s it . .. . .. - . . 1 = iriiii P othom;taf y . Distribution. Jessica Hoist, Esq.,MidPenn Legal Services,401 E. Louther St.,Carlisle,PA 17013 Cheryl B.Krentzman,Esq., McNees Wallace and Nurick LLC, 100 Pine Street,Harrisburg,PA 17101 �1�{t St>tnrx. I'glcin1 - PLAINTIFF J IN THE COURT OF COMMON PLEA - CUMBERLAND COUNTY, - -s- PENNSYLVANIA =r '--= vs. f. _ 1 NO. Oc -a 440 ca r Low d 2e.n VDo c c r co DEFENDANT < zi- 3;,*(-) • ,// __ CRIMINAL RECORD/ABUSE HISTORY VERIFICATION ti- 1, Y"Y115 Q, lG�lrarr, , hereby swear or affirm, subject PRINT NAME J to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the"YES"box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act,42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no member contest plea or YES NO pending charges ❑ IZ( 18 Pa.C.S. Ch.25 ❑ ❑ (relating to criminal homicide) ❑ Eef 18 Pa.C.S. §2702 (relating to ❑ ❑ aggravated assault) ❑ El" 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ ET- 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ [ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) 9-3-13 Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no member contest plea or pending charges YES NO ❑ (2( 18 Pa.C.S. §5903(c)or(d) ❑ ❑ (relating to obscene and other sexual materials and performances) ❑ LAS 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ Q/ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ [/ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ Et/ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ [2' 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) 2/ ❑ Driving under the influence of [] / ❑ ,5)(940(P drugs or alcohol ❑ d Manufacture,sale,delivery, ❑ ❑ holding,offering for sale or possession of any controlled substance or other drug or device 9-3-13 Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no member contest plea or pending charges YES NO ❑ i 18 Pa.C.S. §3127(relating to ❑ ❑ indecent exposure) ❑ Z 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ Z 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ ft{ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ [( 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ i 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ Z 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ lZ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ Ef 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) 9-3-13 Answer Crime Self Other Date of conviction, Sentence Yes or No household guilty plea, no member contest plea or pending charges YES NO ❑ R" 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ [ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ Er 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ [►� 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ E'r 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ [� 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ [e 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ [ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ [: 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) 9-3-13 2. Unless indicated by my checking the"YES"box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Answer Self Other Date Yes or No household member YES NO ❑ []K A finding of abuse by a Children & Youth Agency or ❑ ❑ similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Et/ Abusive conduct as defined under the Protection from ❑ ❑ Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ [ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: NIP\ 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. NJP 9-3-13 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: N/A I verify that the statements made in the Criminal Record/Abuse History Verification 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.C.S. §4904 relating to unswom falsification to authorities and can be punishable by fine or imprisonment. oilr 11 �i Sign:ture RISii7O /in am Printed Name 9-3-13 KRISTINA M. BINGHAM IN THE COURT OF COMMON PLEAS a z PLAINTIFF - -n CUMBERLAND COUNTY, PENNSYLWq1Arri �r r- V. 2008-2470 CIVIL ACTION LAW -r--v COULDREN D. BOGAR z IN CUSTODY DEFENDANT -cy ORDER OF COURT AND NOW, Friday,February 21,2014 , 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 Tuesday, March 18,2014 9:30 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 he 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. ' Custody Conciliator 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. ` m�`/_r Cumberland County Bar Association Lt., 32 South Bedford Street K, r R t 14Yl Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C. 13oi . atiy • VEzory *2V150 McNEES WALLACE & NURICK LLC By: Ann V. Levin Attorney ID No. 70259 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108_ (717) 237 -5403 (717) 260 -1782 (fax) alevin( mwn.com rILEO-k. fr CL r, THE R0THO 0Ttif +''f 20iiitifIR 11 PM 2. el CUMBERLAND COUNTY PENNSYLVANIA KRISTINA BINGHAM Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2008 -2470 CIVIL TERM COULDREN BOGAR, : IN CUSTODY Defendant TO: Kristina Bingham do Darren J. Hoist, Esquire, Attorney for Plaintiff Law Offices of Howett, Kissinger & Hoist, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 NOTICE TO PLEAD You are hereby notified to plead to the within Preliminary Objection of Defendant to Petition for Modification within twenty (20) days of service or a default judgment may be entered against you. Respectfully submitted, McNEES, LLACE & NURICK, LLC By Ann V. Levin, Esquire Attorney I.D. No. 70259 100 Pine Street PO Box 1166 Harrisburg, PA 17108 -1166 (717) 237 -5403 (717) 260 -1782 — Fax alevin(cr�'mwn.com Attorney for Defendant McNEES WALLACE & NURICK LLC By: Ann V. Levin Attorney ID No. 70259 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237 -5403 (717) 260 -1782 (fax) alevin aC�mwn.com KRISTINA BINGHAM Plaintiff • IN THE COURT OF COMMON PLEAS • CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2008 -2470 CIVIL TERM COULDREN BOGAR, IN CUSTODY Defendant PRELIMINARY OBJECTION OF DEFENDANT TO PETITION FOR MODIFICATION And now comes Defendant, Couldren Bogar, by and through his counsel, McNees Wallace & Nurick LLC, and preliminarily objects to Plaintiffs Petition for Modification and in support thereof, avers as follows: 1. Defendant is Couldren Bogar (hereinafter "Father "), who currently resides at 4102 Parable Way, Cary, NC 27519. 2. Plaintiff is Kristina M. Bingham (hereinafter "Mother "), who currently resides at 17 Sussex Road, Camp Hill, PA 17011. 3. An Order of Court was entered upon stipulation of the parties dated December 24, 2008. MOTION TO DISMISS AND TRANSFER VENUE PURSUANT TO Pa.R.C.P. 1028(a)(1)'. 4. Father has had sole custody of the minor child since on or about August 2, 2009 when Mother ceased exercising any custodial periods with the minor child. 5. Mother is believed to have been incarcerated for periods of time in 2009 and 2010. 6. Father and the minor child relocated to Wake County, North Carolina on or about August 15, 2011. 7. The minor child is enrolled in school and is currently attending first grade in Wake County, North Carolina. 8. There is no significant evidence available in Pennsylvania regarding the minor child's care, protection, training and personal relationships. 9. Mother has not had any periods of custody with the minor child since August, 2009, 1 except for a brief period of contact with the child in December 2013 and January 2014. 10. Pennsylvania is no longer the home state of the minor child. 10. Per 23 Pa.C.S.A. § 5422, Pennsylvania does not have jurisdiction of this matter. 12. Per 23 Pa.C.S.A. § 5427, Pennsylvania is an inconvenient forum for a determination of custody matters related to the minor child. WHEREFORE, it is respectfully requested that this Honorable Court dismiss the Petition for Modification filed by Mother, stay any Pennsylvania proceedings and direct that all future custody decisions be determined by the appropriate court within Wake County, North Carolina, the home state of the minor child. Respectfully submitted, McNEES, WALLACE & NURICK, LLC By Ann V. Levin, Esquire Attorney, I.D. No. 70259 100 Pine Street PO Box,1166 Harrisburg, PA 17108 -1166 (717) 237 -5403 (717) 260 -1782 — Fax alevin@mwn.com Attorneys for Defendant, Couldren Bogar Dated: March 11, 2014 CERTIFICATE OF SERVICE AND NOW, on this 1 1 th day of March, 2014, I hereby certify that I have served a true and correct copy of the Preliminary Objection of Defendant to Petition for Modification by fax and first-class mail, as follows: Darren J. Hoist, Esquire Law Offices of Howett, Kissinger & Hoist, P.C. 130 Walnut Street PO Box 810 Harrisburg, PA 17108 Fax — (717) 234-5402 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA BINGHAM, Plaintiff V. COULDREN BOGAR, Defendant NO. 08-2470 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE OFFICE OF THE PROTHONOTARY: Kindly enter the appearance of Darren J. Hoist, Esquire, and the firm of Howett, Kissinger & Hoist, P.C., as counsel of record for Plaintiff, Kristina Bingham. Respectfully submitted, Darren J. Hoist, Esquire Attorney I.D. #82314 HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA BINGHAM, Plaintiff V. COULDREN BOGAR, Defendant NO. 08-2470 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Darren J. Hoist, Esquire, counsel for Kristina Bingham, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon Couldren Bogar, Defendant, by depositing same in the United States mail, first class, on March 11, 2014, addressed as follows: Date: 3 //1 /)y Mr. Couldren Bogar 4102 Parable Way Cary, NC 27519 k's Darren J. olst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kristina Bingham Darren J.Hoist,Esquire HOWETT,KISSINGER&HOLST,P.C. a r ' . 130 Walnut Street/P.O.Box 810 -' V :+� Harrisburg,PA 17108 €UiPBEk J MBE Telephone: (717)234-2616 � t 'F PENNSYLVANIA� y ; J�Counsel for Plaintiff,Kristina Bingham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA BINGHAM, ) Plaintiff ) NO. 08-2470 CIVIL TERM ) v. ) ) COULDREN BOGAR, ) CIVIL ACTION- LAW Defendant ) IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW, comes Plaintiff, Kristina Bingham, by and through her counsel, Howett, Kissinger& Holst, P.C., who hereby provides the following Response to Defendant's Preliminary Objections and in support thereof states as follows: 1. Admitted. Hereafter Defendant is referred to as "Father." 2. Admitted. Hereafter Plaintiff is referred to as "Mother." 3. Admitted. By way of further response, the Custody Order entered on December 24, 2008 affords the parties shared physical and legal custody of their minor child, Connor Bogar, age 7. That Custody Order has never been modified. At the time the Custody Order was entered, both parties resided in Pennsylvania; accordingly, Pennsylvania had proper initial jurisdiction to enter the Custody Order under the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as Pennsylvania was the home state of the Child. See 23 Pa.C.S.A. § 5421 (2010). Subsequent to the entry of the Custody Order, Father has taken the child and moved to North Carolina without: getting Mother's consent; obtaining court approval; or modifying the 2008 Custody Order. Mother, however, continues to reside in Cumberland County, Pennsylvania and is entitled to exercise custody here. RESPONSE TO MOTION TO DISMISS AND TRANSFER VENUE PURSUANT TO Pa.R.C.P. 1028(a)(1) 4. Denied. Mother denies Father has had sole custody since August, 2009 as Mother stayed with Father and the child in North Carolina for an approximate six week period between late December, 2013 and early February, 2014. During that time, Mother shared custody of the child as she cared for the child on a daily basis and the child stayed with her each day when Father worked. When Father was not working, the two of them jointly cared for and spent time with the child. Moreover, Mother denies she "ceased exercising any custodial periods" in August, 2009. Rather, in August, 2009 Mother's brother passed away, and Father sought to capitalize upon Mother's grief and misfortune by thereafter attempting to place severe restrictions to control her access to the child. Despite the Custody Order affording Mother shared physical custody, Father began to unilaterally restrict Mother's access to the child and sought to force Mother to exercise supervised contact. Furthermore, Father began to inhibit Mother's telephone contact with child; in fact, Mother was regularly prevented from having contact with the child up through 2013 despite repeated attempts by her to maintain contact. A common theme throughout this case has been Father's attempts to control Mother and her access to the child. Father used the denial of access to compel Mother to recently stay with him and the child as Father sought to renew their romantic relationship. Father's efforts to control Mother and restrict her access to the child was the impetus for Mother initiating the custody action in 2008 and seeking the existing Custody Order. 2 5. Admitted in part; denied in part. Mother admits she was incarcerated for a nine day period in August, 2009. Mother was incarcerated due to her inadvertent failure to complete her DUI classes, which was a condition of her probation (Mother had a DUI in 2005 before the birth of the child). Mother denies being incarcerated for longer than that nine day period, and she denies being incarcerated in 2010. 6. Admitted with clarification. Father did not "relocate"with the child to North Carolina in 2011. Rather, Father fled to North Carolina without ever seeking Mother's consent or requesting Court permission to move out of state. Father made no efforts to modify the existing Custody Order that affords the parties shared physical custody. Furthermore, Father left Pennsylvania because of financial problems and creditor claims that were being made against him and his business. Father filed for bankruptcy in 2010 after failing to perform services for clients. 7. Admitted. By way of further response, with the petition for modification that Mother has filed, she is not seeking to return the child to Pennsylvania, nor is she seeking primary custody. Instead, she is merely seeking a partial custody order that takes into consideration the existing geographic distance. Pennsylvania is well equipped to modify its Custody Order in that regard. By way of further response, both North Carolina and Pennsylvania have adopted the UCCJEA. The UCCJEA is designed to clarify the exclusive and continuing jurisdiction of a state that enters an order for custody. Under the UCCJEA, where a state makes an initial custody determination consistent with the jurisdictional provisions of the Act, that state retains continuing and exclusive jurisdiction over its initial determination, and another state cannot modify that 3 determination, unless that other state now has jurisdiction that would empower it to make an initial determination under the Act and the initial state determines it no longer has exclusive and continuing jurisdiction or it determines the other state is now a more convenient forum. Section 5422 of Pennsylvania's UCCJEA clearly and ambiguously states as follows: [A] court of this Commonwealth which has made a child custody determination consistent with Section 5421 (relating to initial child custody jurisdiction) or 5423 (relating to jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until: (1) A court of this Commonwealth determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training and personal relationship; or (2) A court of this Commonwealth or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the Commonwealth. 23 Pa.C.S.A. § 5422(a) (2010). As stated by our Superior Court: Under the plain meaning of Section 5422(a)(1) [of the UCCJEA], a court that makes an initial custody determination retains exclusive, continuing jurisdiction until neither the child nor the child and one parent or a person acting as a parent have a significant connection with [the state] and substantial evidence concerning the child's care, protection, training and personal relationships is no longer available [in that state]. The use of the term "and"requires that exclusive jurisdiction continue in [the state of the initial determination] until both a significant connection to [the state] and the requisite substantial evidence are lacking. Rennie v. Rosenthal, 995 A.2d 1217, 1220-21 (Pa. Super. 2010) (emphasis added). In this case, Pennsylvania retains exclusive and continuing jurisdiction to modify the 2008 Custody Order 4 inasmuch as Mother continues to reside here and is entitled to exercise custody here (but for Father's efforts to prevent her from seeing the child). 8. Denied. Said paragraph constitutes a conclusion of law to which no response is required. To the extent a response is necessary, it is denied. Mother denies there is no longer significant evidence in Pennsylvania concerning the child's care,protection, training and personal relationships. Notably, Mother continues to reside in Pennsylvania and is entitled to exercise periods of custody with the child in Pennsylvania. See Rennie, 995 A.2d at 1221, n.3 (Pa. Super. 2010). The fact that Father has prevented Mother from having access to the child in Pennsylvania does not alter the conclusion that Pennsylvania retains exclusive and continuing jurisdiction under the UCCJEA. Moreover, Mother is not seeking a change in primary custody, just a partial custody schedule that considers the geographic distance. 9. Admitted in part; denied in part. Mother admits she did not have periods of custody with the child between August, 2009 and late December, 2013, but she denies such lack of access was voluntary. Mother made multiple attempts to see and speak to the child,but Father thwarted such efforts. Moreover, Mother denies her time with the child between the end of December, 2013 and early February, 2014 was minor and inconsequential. In fact, Mother lived with Father and the child for six weeks and actively cared for the child on a daily basis while Father worked. 10. Admitted in part; denied in part. While Mother admits Pennsylvania is no longer the home state of the child under the UCCJEA, Mother denies that fact is dispositive as to whether Pennsylvania retains exclusive and continuing jurisdiction under the UCCJEA to modify its 2008 Custody Order. In fact, Pennsylvania retains exclusive and continuing jurisdiction under 5 the UCCJEA given the fact that Mother continues to reside in the state and is entitled to exercise periods of custody with the child in that state. See Rennie v. Rosenthal, 995 A.2d 1217 (Pa. Super. 2010). 11. Denied. Said paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, it is denied. Mother denies Pennsylvania does not have continuing jurisdiction under Section 5422 of Pennsylvania's UCCJEA. In fact, Mother and the child continue to have a significant connection with this Commonwealth in light of the fact that Mother continues to reside herein and is entitled to exercise periods of custody herein. 12. Denied. Said paragraph constitutes a conclusion of law to which no response is required. To the extent a response is necessary, it is denied. Mother denies Pennsylvania is now an inconvenient forum under Section 5427 of Pennsylvania's UCCJEA. Under Section 5427, the Court must consider several enumerated factors to determine whether Pennsylvania is now an inconvenient forum. An evaluation of the eight enumerated factors results in a conclusion that Pennsylvania remains a convenient forum to address modification of the Custody Order. Mother concedes the child resides in North Carolina, and she is not seeking to remove the child from that state on a primary basis. Instead, Mother is merely seeking to modify the Custody Order to afford her periods of partial custody consistent with the existing geographic distance. 6 WHEREFORE, Plaintiff respectfully requests this Honorable Court overrule Defendant's Preliminary Objections in light of the fact that Pennsylvania retains exclusive and continuing jurisdiction under the Uniformed Child Custody Jurisdiction and Enforcement Act to enforce and modify its custody order. Respectfully submitted, Date: Darren J. olst, Esquire Attorney I.D. #82314 HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street/P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kristina Bingham 7 VERIFICATION I, Kristina M. Bingham, hereby swear and affirm that the facts contained in the foregoing Plaintiff's Response to Defendant's Preliminary Ojbections are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 3/19/14 OVA/� /DATE Kr'.tina M. :ingham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA BINGHAM, ) Plaintiff ) NO. 08-2470 CIVIL TERM ) v. ) ) COULDREN BOGAR, ) CIVIL ACTION - LAW Defendant ) IN CUSTODY CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Kristina Bingham, Plaintiff in the above-captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Response to Defendant's Preliminary Objections was served upon Ann V. Levin, Esquire, counsel for Couldren Bogar, Defendant, by depositing same in the United States mail, first class, on March 19, 2014, addressed as follows: Ann V. Levin, Esquire MCNEES, WALLACE &NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 —Date: .-?k 744-- y Darren J. Holst, Esquire Attorney I.D. No. 82314 HOWETT, KISSINGER&HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Kristina Bingham KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. COULDREN BOGAR, Defendant : NO. 2008 — 2470 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 24TH day of MARCH, 2014, a Rule is issued upon Plaintiff to Show Cause why Defendant's Motion to Transfer Venue should not be granted. Rule returnable twenty (20) days after service. • Darren J. Hoist, Esquire For the Plaintiff Ann L. Levin, Esquire For the Defendant SId /12;1 Lczt 3 /a ? /lei Edward E. Guido, J. KRISTINA BINGHAM V. COULDREN BOGAR : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008 — 2470 CIVIL ORDER OF COURT AND NOW, this 2ND day of APRIL, 2014, an evidentiary hearing on Defendant's Preliminary Objections will be held on THURSDAY, MAY 8, 2014, at 1:00 p.m. in Courtroom # 3 . Zar.en J. Hoist, Esquire ,/Ann V. Levin, Esquire :sld 4//apef ter/ Edward E. Guido, J. KRISTINA BINGHAM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. COULDREN BOGAR, IN CUSTODY Defendant NO. 2008-2470 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS ORDER OF COURT AND NOW, this 8th day of May, 2014, the Defendant's preliminary objections are overruled. The matter is to be forwarded to the Court Administrator to schedule a conciliation at the earliest possible date. By th Darren J. Hoist, Esquire 'For the Plaintiff Xnn V. Levin, Esquire For the Defendant Court Administrator :lfh Edward E. Guido, J. Amm QNV1838WU #r5 :1 Wd Z I MkV OICZ KRISTINA BINGHAM IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. COULDREN BOGAR DEFENDANT . CUMBERLAND COUNTY, PENNSYLVANIA 2008-2470 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 21, 2014 , 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 Tuesday, June 17, 2014 9:30 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ Jacqueline M. Verney, Esgf' Custody Conciliator 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. Co p t 1S 1)+0,ry] 1 14(4 vEa_kyy spa r/rtj Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 E POJiDNO:Ir��.,, Hill 17 Aii 9 CUMBERLAND COUNTY C©UN'T Y PENNSYLVANIA KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 08-2470 CIVIL TERM COULDREN BOGER, : CIVIL ACTION — LAW DEFENDANT : IN CUSTODY Praecipe for Withdrawal of Appearance To the Prothonotary: Withdraw my appearance on behalf of Defendant, Couldren Bogar, in the above captioned matter. Dawn L. Lisi, Esquire, has entered her appearance for the aforementioned party. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Date: 6 ,_/6 /* Ann V. Levin, Esquire 0 i 1U_ HE a0 'WHO 2114JUN 17 MI 9:C1 CUMBERLAND COUNTY PENNSYLVANIA KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 08-2470 CIVIL TERM COULDREN BOGER, : CIVIL ACTION — LAW DEFENDANT : IN CUSTODY Praecipe for Entry of Appearance To the Prothonotary: Enter my appearance on behalf of Defendant, Couldren Boger, in the above captioned matter. Papers may be served at the address set forth below. Dawn L. Lisi, Esquire LD. # 82155 Law Offices of Dawn L. Lisi 4 Dawn Drive Millersburg, PA 17061 Phone (717) 439-6207 Fax (717) 692-2428 Email dawn.lisi@epix.net Date: ZO/02,1/L-F Dawn L. Lisi 0 3 KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. �y v V. : NO. 2008-2470 CIVIL ACTION-1.121VIW cca. = ; COULDREN BOGAR, • Defendant : IN CUSTODY < = ORDER OF COURT =' `:' AND NOW, this / ' day of v 4/V E. , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The physical custody provisions of the prior Order of Court dated December 24, 2008 are hereby temporarily suspended and the following additions and modifications shall remain in effect. 2. Father shall have primary physical custody of the child, Connor C. Bogar, born, March 6, 2007. 3. Mother shall have the following period of partial physical custody: beginning June 27, 2014 at 6:00 p.m. until July 16, 2014. 4. Transportation shall be shared such that the parties shall meet to exchange custody on June 27, 2014 at 6:00 p.m. at the approximate half way point on Interstate 95 in Richmond, Virginia. 5. The non-custodial parent shall have daily contact with the child from 6:00 p.m. to 7:00 p.m. either by telephone or SKYPE. The custodial parent shall have the child available for the contact at that time, unless other arrangements have been agreed to by the parties. 6. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 7. Neither party may use alcohol or illegal drugs immediately prior to or during their period of physical custody. 8. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 9. Mother shall cooperate with a §5329 D&A evaluation provided Father makes arrangements to pay for the evaluation. 10. 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,July 16,2014 at 2:30 p.m. BY THE COURT, yY ✓ J. cc: parren J. Holst, Esquire, Counsel for Mother ,/Dawn L. Lisi, Esquire, Counsel for Father Cotes (.1.1sc . l Li KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2470 CIVIL ACTION- LAW COULDREN BOGAR, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido,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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Connor C. Bogar March 6, 2007 Father 2. A Conciliation Conference was held in this matter on June 17, 2014, with the following in attendance: The Mother, Kristina Bingham, with her counsel, Darren J. Hoist, Esquire and the Father, Couldren Bogar, with his counsel, Dawn L. Lisi, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated December 24, 2008 providing for shared legal and shared physical custody. The Honorable Edward E. Guido entered an Order of Court dated May 8, 2014, denying Father's Preliminary Objections and referring the matter to conciliation. 4. The parties agreed to an Order in the form as attached. //4- Date: acq eline M. Verney, Esquire Custody Conciliator Darren J. Hoist.Esquire HOWETT. KISSINGER SE 4OLST,P.C. 190 Walnut Street P.O. Box 810 _,171 Harrisburg. PA 17108 Tele,hc'i- 1. 2616 Counsel for Plaintiff,Kristina Bingham IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA BINGHAM, ) Plaintiff ) NO. 08-2470 CIVIL TERM ) ) ) COULDREN BOGAR, ) CIVIL ACTION -LAW Defendant ) IN CUSTODY CRIMINAL HISTORY/ABUSE AFFIDAVIT I,Jonathan Hawbecker,hereby swear or affirm, subject to penalties of law including 18 Pa.C,S.A. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below,neither I nor any other member of my household have been convicted or pled guilty or pied no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act,42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea,no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 (relating 0 ❑ to criminal homicide) 18 Pa.C.S. § 2702 (relating 0 ❑ to aggravated assault) 18 PACS. § 2706 (relating ❑ 0 to terroristic threats) 18 Pa.C.S. § 4302(relating to ❑ ❑ incest) • ❑ 18 Pa.C.S. § 4303(relating to Et.- concealing concealing death of child) 18 Pa.C.S. § 4304(relating to _ ❑ endangering welfare of children) ❑ 18 Pa.C.S. § 4305(relating to ❑ C dealing in infant children) ❑ 18 Pa.C.S. § ❑ ❑ 5902(b)(relating to prostitution and related offenses) ❑ 18 Pa.C.S. § 5903(c)or ❑ (d)(relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. § 6301(relating to ❑ ❑ corruption of minors) ❑ 18 Pa.C.S. § 6312(relatiug to ❑ ❑ sexual abuse of children) • ❑ 18 Pa.C.S. § 6318(relating to ❑ ❑ unlawful contact with minor) ❑ 18 Pa.C.S. § 6320(relating to ❑ ❑ sexual exploitation of children) ❑ 23 Pa.C.S. § 6114(reiating to ❑ ❑ contempt for violation of protection order or agreement) Driving under the influence ❑ JUNE 28•^Zor$ ARO * of drugs or alcohol cbn53mI5—>/Ex P).Jba> ❑ Manufacture, sale, delivery, ❑ ❑ 0" JUNE 2.0'h zoo9 holding, offering for sale or possession of any controlled substance or other drug or device ^_ 18 Pa.C.S. § 2709.1 (relating j ❑ to stalkin&) 18 Pa.C.S. § 2901 (relating 7 U + to kidnapping) ❑ 18 Pa.C.S_§ 2902 (relating ❑ ❑ to unlawful restraint) ❑ I8 Pa.C.S. § 2903 (relating ❑ Ci to false imprisonment) G 18 Pa.C.S. § 29:0(relating to ❑ ❑ luring a child into a motor vehicle or structure) 18 Pa.C.S. § 312l(relating to ❑ ❑ rape) C 18 Pa.C.S. § 3122.1(relating ❑ ❑ to statutory sexual assault) ❑ 18 Pa.C.S. § 3123(relating to ❑ ❑ involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. § 3124,Irela ting ❑ ❑ to sexual assault) ❑ 18 Pa.C.S. § 3125(rclating to 0 ❑ aggravated indecent.assault) ❑ J I8 Pa.C.S. § 3126(relating to ❑ ❑ indecent assault) ❑ 18 Pa.C.S. § 3126(relating to C ❑ indecent assault) ❑ 18 Pa.C.S. § 3129(relating to 0 ❑ sexual intercourse with anima!) ❑ 18 Pa.C.S. § 3130(relating to ❑ ❑ conduct relating to sex offenders) ❑ 18 Pa.C.S. § 3301(relating to ❑ ❑ arson and related offenses) 2. Unless indicated by my checking the box next to an item below,neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other household Date all that member apply ❑ A finding of abuse by a ❑ ❑ ❑ Children& Youth Agency or similar agency in 1 Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as ❑ ❑ ❑ defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction E Other: 0 0 E I 3. Please list any evaluation,counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member,not a party,state that person's name, date of birth and relationship to the child 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain. Date: JUN1= ir a01'4 z p• Jo i than Hawbecker KRISTINA BINGHAM Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-2470 CIVIL TERM COULDREN BOGAR, IN CUSTODY—` Defendant rn C33 = r= c. s 7 c ( r CD , CD PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE r= x:. oma, > C) 3t -." TO THE PROTHONOTARY: 2.0 - c� r .; P. u,... Please withdraw the appearance of Dawn L. Lisi, Esquire on behalf of Defendant' `~ Couldren Bogar, in the above -captioned matter. LAW OFFICES OF DAWN L. LISI Dated:. 0..1(q - By Dawn L Lisi Law Offices of Dawn L. Lisi 4 Dawn Drive Millersburg, PA 17061 (717) 439-6207 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Ann V. Levin, Esquire and McNees Wallace & Nurick LLC on behalf of Defendant, Couldren Bogar. McNEES • LLACE & NU ICK LLC Dated: / 3 /17` By An V. Levin Attomey I.D. No. 70259 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5403 KRISTINA BINGHAM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2470 COULDREN BOGAR, Defendant : IN CUSTODY AND NOW, this CIVIL ACTION - LW' ORDER OF COURT day of ! 1 UgGat consideration of the attached Custody Conciliation Report, follows: , 2014, upon it is ordered and directed as G") Cr) l0 �.r 1. The prior Orders of Court dated December 24, 2008 and June 19, 2014 are hereby vacated. 2. The Mother, Kristina Bingham and the Father, Couldren Bogar, shall have shared legal custody of Connor C. Bogar, born March 6, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back -to -school nights, and the like. 3. Father shall have primary physical custody of the child subject to Mother's periods of partial physical custody. 4. Given the child's year round school schedule, he generally has off 12 weeks each year segmented in roughly three week blocks in July, October, January/February, and April of each year. Mother shall have physical custody eight out of those roughly 12 weeks with her receiving two weeks in July; two weeks in October; two weeks in January/February; and two weeks in April of each year. Mother's weeks shall be those that are the least intrusive in the child's hockey schedule. 5. Holidays. A. Father shall always have physical custody of the child for the three day Memorial Day weekend. Mother shall always have physical custody of the child for the three day Labor Day weekend. The weekend shall begin after school on the last day before the start of the holiday weekend and continuing until the early evening before the resumption of school. B. The July 4th holiday shall be alternated with Mother having physical custody in even numbered years and Father having physical custody in odd numbered years. Time shall be after school on the last day before the holiday and continuing until early evening before resumption of school. C. Christmas shall be divided into two segments, with Segment A being the first half of the holiday and Segment B being the second half of the holiday. Mother shall have physical custody for Segment A in odd numbered years and Segment B in even numbered years. Father shall have physical custody for Segment A in even numbered years and Segment B in odd numbered years. If there is an odd numbered of days for the Christmas break, Mother shall have receive the extra day. The Christmas holiday break is exclusive of the regular three week break from school. In the event either party is in the vicinity where the child is spending Christmas Day, then the non-custodial parent shall have physical custody on Christmas Day from 12:00 noon to 5:00 p.m. D. Thanksgiving shall alternate from year to year, with Father having physical custody in odd numbered years and Mother having physical custody in even numbered years. Time shall be after school on the last day before the holiday and continuing until early evening before resumption of school. E. Easter shall be alternated from year to year, with Father having physical custody in odd numbered years and Mother having physical custody in even numbered years. Time shall be after school on the last day before the holiday and continuing until early evening before resumption of school. F. Mother shall be entitled to have physical custody of the child once a year, either for Veterans Day weekend or Martin Luther King holiday weekend, to be exercised in North Carolina, provided she give Father 30 - day prior notice. Time shall be after school on the last day before the holiday and continuing until early evening before resumption of school. ii 6. Transportation shall be shared such that the parties shall meet to exchange custody at the approximate half way point on Interstate 95 in Richmond, Virginia. 7. The non-custodial parent shall have daily contact with the child around 8:00 p.m. either by telephone or SKYPE. The custodial parent shall have the child available for the contact at that time, unless other arrangements have been agreed to by the parties. 8. Neither party shall do nor permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. 9. Neither party may use alcohol or illegal drugs immediately prior to or during their period of physical custody. Either party may request an ETG/urine test provided they pay for said test. In the event that the test is positive, the tested party shall be responsible for the cost. 10. The parties shall cooperate with counseling for the child. Unreimbursed costs shall be shared equally by the parties. 11. Custody issues shall not be discussed with the child. 12. RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 13. 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. BY THE COURT cc: I}aCrren J. Holst, Esquire, Counsel for Mother Ann V. Levin, Esquire, Counsel for Father ac)pi-es• " La esiai.pq • J. KRISTINA BINGHAM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-2470 CIVIL ACTION - LAW COULDREN BOGAR, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Connor C. Bogar March 6, 2007 Father 2. A Conciliation Conference was held in this matter on August 19, 2014, with the following in attendance: The Mother, Kristina Bingham, with her counsel, Darren J. Holst, Esquire and the Father, Couldren Bogar, by telephone, with his counsel, Ann V. Levin, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated December 24, 2008 providing for shared legal and shared physical custody. The Honorable Edward E. Guido entered an Order of Court dated June 19, 2014, providing for shared legal custody, Father having primary physical custody, and Mother having a block of time with the child in the summer. 4. The parties agreed to an Order in the form as attached. Date: (9'/9- i aceline M. Verney, Esquire Custody Conciliator