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Home My WebLink About01-2639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK A. BINGER, : Plaintiff : : CIVIL ACTION - LAW v. IN CUSTODY DONNA C. ROO S, NO. 2001- Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance pcrsonaily or by attorney and filing in writing with thc court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgrnant may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariancia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFIC~NA CUYA DIRECCION SE ENCUENTRA ESCPdTA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 lVflchael J. Hant% Esq~e ' ' Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK A. BINGER, : Plaintiff : CIVIL ACTION - LAW v. : IN CUSTODY : DONNA C. BROOKS, : NO. 2001- ~. (...~ 9 ~,~j ~ Defendant : COMPLAINT FOR PRIMARY CUSTODY AND NOW, this 1st day of May, 2001, comes Plaintiff, PATRICK A. BINGER, by and through his attorneys, Law Office of Michael J. Hant~, and files the following Complaint for Primary Custody in support thereof avers as follows: 1. The Plaintiff is Patrick A. Binger, an adult individual residing at 2321 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Donna C. Brooks, an adult individual residing at 5033 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiffseeks primary custody and visitation of the following child: Name Present Residence A~e D/O/B Kyle M. Binger 5033 East Trindle Road 10 07/07/1990 Mechanicsburg, PA 17050 The child was not born out of wedlock. The child is presently in the physical custody of the Defendant, Donna C. Brooks. In addition to the child's present address, during the past five years, the child has resided with either Plaintiffor Defendant at the following addresses: 2321 Walnut Bottom Road, Carlisle, PA 17013 The mother of the child is the Defendant, who resides at 5033 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. The father of the child is Plaintiff, who resides at 2321 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17050. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with Debra Zeigler. 5. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with her husband, Russell Brooks. 6. Plaintiffhas participated as a party in other litigation concerning the custody of the child in the Court of Common Pleas of the 41st Judicial District - Perry County Branch. A copy of the December 22, 1994 Order entered by said Court is attached hereto as Exhibit "A." The Plaintiffhas no information ora custody proceeding concerning the custody of the child in any other court. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served best by granting the relief requested because: a) The Plaintiffhas had shared physical and legal custody of the child since the child's birth; b) The Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs; c) The Plaintiffis, and has always been, willing to accept custody of the child; and d) The Plaintiffcontinues to exercise parental duties and responsibilities and enjoys the love and affection of the child. 8. Each parent whose parental fights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a fight to custody or visitation of the child. WHEREFORE, Plaintiffrespectfullyrequests Your Honorable Court grant Plaintiffprimary physical and shared legal custody ofKyle M. Binger. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Milthael J. Hanft, Esli~i~ ' ~r Attorney ID No. 579"76 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 ('717) 249-5373 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Patrick A. Binger Exhibit A DONNA C. BINGER = IN THE COURT OF COMMON PLEAS : OF THE 41ST JUDICIAL DISTRICT v. = OF PENNSYLVANIA = PERRY COUNTY BRANCH PATRICK A. BINGER = NO. 93-497 ORDER AND NOW, December 22, 1994, upon agreement of the parties hereto, it is hereby ORDERED AND DIRECTED as follows= 1. The part~es will ha~ s~are or jo£nt legal 2. Mother shall have pr.. ry hy al custody of the children. 3. Father shall have per~ds~f ~'mporary or partial physical custody of the children on =he folTowlng schedule. (a) During the period of time during the school year when the father is not working on Friday, Saturday and Sunday, he will pick the children up at the end of Corey's school day on Friday afternoon and retain physical custody of the children until Sunday evening at 8=00 P.M. when ~ather shall dsliver the child=eh to the mother's residence; (b) During the weeks when father does not work Monday, Tuesday and Wednesday, ~ather shall have physical custody of =he children on Wednesday evening from end of Corey's school day until 8=OO P.M. when father shall deliver the children to mother's residence= PROTHO~O~RY.i.: '~,~---~- (c) During the summer vacation months when father is not working on Monday, Tuesday and Wednesday, he shall have both children from Sunday evening at 7:30 P.M. until Wednesday evening at 8:00 P.M. when father shall deliver the children to the mother's residence: (d) During the summer months, the parties shall each have the children for two (2) weeks vacation and they shall equally share the summer weekends. Mother will notify father of her two (2) weeks by April 1st of each year. Father shall notify mother by April 15th of each year of the two (2) weeks of vacation and the weekends when he will exercise partial custody. 4. During the Christmas holiday season, the parties will alternate the following periods of time of physical custody: (a) From 5:00 P.M. on the last day of school prior to Christmas until i:00 P.M. on Christmas Day: and (b) From 1:00 P.M. on Christmas day until 7:30 P.M. on the 29th of December. (c) Mother shall have the first period of time set forth above for Christmas, 1994, and father shall have the second period. These periods shall alternate each year thereafter. The - 2 - period of time when father has physical custody of the children over the Christmas season as indicated above shall exist as long as father is not working. 5. During the Thanksgiving holiday season, the parties shall alternate periods of physical custody of the children so that one party has the children from 3:00 P.M. on the Wednesday before Thanksgiving until 8:00 P.M. on Thanksgiving Day. Mother will have physical custody of the children for Thanksgiving, 1995. Father's periods of physical custody over the Thanksgiving holiday shall exist as long as father is not working during that time. 6. The parties agree to alternate the following holidays: New Year's Day, Easter Sunday, Memorial Day, 4th of July, and Labor Day. Father shall have New Year's Day in 1995. In the event that father is working during the period when he is to have a holiday, the children shall remain in the custody of mother and mother shall give consideration to father's request for additional time in that event. Vacations and holidays shall ~uperaede all ~ther periods of partial custody. 7. The parties agree that the children will always spend Mother's Day with mother and Father's Day with father. It is understood that the children will be with father on Father's Day as long as father is not working. The period for Mother's 'Day and Father's Day shall be from 9:00 A.M. until 7:30 P.M. 8. When father is not working and mother is working, - 3 - and the children are off school or have an early dismissal, father shall be entitled to pick the children up at 7:30 A.M. and retain physical custody of the children until 8:00 P.M. on that day. Father must notify mother of his intention to exercise these periods of temporary custody at least one (1) week prior to the date. The parties acknowledge that as the children grow older, their activities at school and in the MechaniCsburg area will likely increase. Father will accommodate any schedule of partial custody to see to it that the children get to their activities or medical appointmentS. 9. Each party shall be entitled to have uninhibited telephone contact with the children when they are in the other parents' custody, with the understanding that this telephone contact shall not be extraordinary- 10. The parties will keep each other advised immediately in the event of seriOUS illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 11. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love - 4 - 12. Any modification o= waive= of any of the P=Ovisions of this ag=eement Sba1! be effective on1¥ if made in ~riting. BY TEE COURT: cc: ~ar~! Lindsa¥, Esq. JUDGE ~Tadley Griffie, Esq. - 5 - PATRICK A. BINGER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY. PENNSYLVANIA DONNA C. BROOKS : 01=2639 CIVIL ACTION LAW DEFENDANT IN CUSTODY ER ~ AND NOW, Wednesday, bl~y 09, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear betbreJacqueliue M. Verue,v, Esq. , the conciliator. at 4thFIoor, Cumberland County Courthouse, Carlisle on Wednesda~,, May 23, 2001 at 1:30 p.m. for a Pre=Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow thc issues to be heard by thc court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled henring. FOR THE COURT, By: /s/ _[acqueline M. Verney. Esq. l~ Custody Conciliator The Court of Common Pleas of Cumberland ~ounty 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 ATrORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK A. BINGER, : Plaintiff : : CIVIL ACTION - LAW v. : IN CUSTODY DONNA C. BROOKS, : NO. 2001- aq/~3f Defendant : ORDER OF COURT AND NOW, this day of ., 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel shall appear before , the Conciliator, at on the day of , 2001 at __ .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older shall/may also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent Order. FOR THE COURT, By:. Custody Conciliator Tho Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or heating. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. Il: YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 : IN THE COURT OF COMMON PLEAS OF PATRICK A. BINGER, Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA ; V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT this ~ lo day of ~.~. ,2001, upon AND NOW, att~c~ody Concihatio~epon, it is orde~d and directed as consideration of the follows: The Father, Patrick A. Binger, and the Mother, Donna C. Broo?, shall 1. · ..... ,- -, ~,: .... bom July 7, 1990 and Cory A. Btnger, bom have shared legal cus~oay May 17, 1987. Each patent shall have an equal ri~at, to be exerciscd jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, al! decisions regarding their health, education and religion. 2. Starting Junc 1 l, 2001 and continuing until August 16, 2001, Father shall have primary physical custody of the children subject to Mother's periods of temporary physical custody of the children on the following schedule: A. Every other weekend fwm Friday at 4:00 p.m. through 8:00 p.m.,on Monday. B. During the sununer months, the parties shall each have the children for one (1) week of vacation and shall equally share the summer weekends. C. At all such other times that the parties agree. 3. Kyle shall attend YMCA Camp from June 15, 2001 through July 13, 2001. 4. Cory shall attend a youth retreat in Ohio from June 24, 2001 through July 1,2001. ~. Cory shall attend Hampton Township Day Camp 2001 on June 12, 13, 15, and 19; ~uly 2, 3, 17, 19, 24, 26, and 31; and August 2, 7, 8, 13, and 14. 6. At all relevant times hereto, the parties shall not leave Kyle alone without an adult being present. arties acknowledge that Paragraphs 4, 5, 6, 7, 9, 10, 11, and 12 ofan 7. The p. ~ _ ,,,, , ,,hA ---,~'-d bv the Honorable C. Joseph Rehkamp Order of Court datea L~ecemoer zz, of The Court of Common Pleas of the 41 st. Judicial District= Perry County Branch · ' Il other wvisions of said Order are hereby suspended until remain m effect, while a P . ~ . .... ,~__e ......shall be held, unless the August 16, 2001, at .which time anomer t~uncmanon parties agree otbervnse. ii. Father shall adhere to the Pinnacle Outpatient Services recommendation for Kyle's wrap around services which Father shall arrange. 9. Transportation oftbe children between the Parties, but especially custody exchange purposes, shall be as flexible and accommodating as possible. 10. .This Interim Order is entered pursuantot~i~v ~hegr~oromvei:l:nfst~o;~P~is ~datera Custody Conciliation Conference. The parties may m y P by mutual consent. In the absence of mutual consent, the terms of this Order shall contwl. Another Conciliation Conference is scheduled for Thursday, August 16, 2001 at 8:30 a.m. BY THE COL~,'/ ,- -..-[ J. cc: Michael J. Hanfl, Esquire, Counsel for Father Carol $. Lindsay, Esquire, Counsel for Mother PATRICK A. RINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : 2001-26.t9 CIVIL TERM : DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceminE the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger July 7, 1990 Father Cory A. Binger May 17, 1987 Father 2. A Conciliation Conference was held in this matter on July ! 1,2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanfl, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Interim Order in the form as attached. Date ~acq~line M. Vemey, Esquire Custody Conciliator AUG :X ? PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. :: NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT AND NOW, this '~. day of ~',~_, 2001, upon consideration of the artach~ed Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 16, 2001, is hereby vacated sF~o~ ~f Kyl¢ M. Binger, bom July 7, 199'0 and Cory A. Bingar, bom May shared 12e'gal cu er. Patrick A. Binger, and the Mother. Donna C. Brooks, shall have 17, 1987. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergencY decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of Kyle. 4. Mother shall have partial physical custody of Kyle on alternating weekends fi~m Friday at 6:00 p.m. to Sunday at 5:00 p.m. Mother may occasionally extend her time on Sundays if family activities are planned with reasonable prior notice to Father. 5. Father and Mother shall have shared physical custody of Cory at times agreed by the parties. Cory shall continue to attend Cumberland Valley Schools. The parties shall assure that the two children spend their weekends together. ther shall have physical custody of both children when, during the 6. M.o ...... ~--~ ,-,, Mondays and Mother is off from work on school year, the chil¢lren are ori ~rom s~;u,,,,L ,~. ~ Mondays and Father works. When the Mondays coincide with Mother's weekend schedule, the children will extend their weekend with Mother until Monday at 5:00 p.m. .... d Mother shall pick up the When the Mondays do not coincide wtth Mother s weeken , children at a time agreed by the parties and return the children at 5:00 p.m. 7. Father shall assure that all of Kyle's psychiatric appointments are kept with Dr. Emily White and that all prescribed medication is administered to Kyle. Father '~- c~Ot attend, Father will repor~ the of said aPP°munenis and if she · - -,:ctoria Whitcom. b ~su~ of x~e aPPu . at &e ~quenC~ recomme~ . ,, _~e a wod f~th effo~ ,~oir comm~lcat~°n ~i& ~°ria Whgcomb to ~sl~ ,,, ' ' 'ces will be instituted each other. . . ,~z~n ~o~ se~l . .__ &i ~her of ~o~ se~iccs. assu~ t~t - ,-r ~athcr is to ~vls~ her ~it~ . · · ~0._ ~ ~tK~le,s pro~essto~t m~. · vtsc Mo~er o~ all reco~menacu u~ · ~i~ ~eir p~scnt prt~ ....... c to contkn~ -~*s ~athcr ts t~, thc ~su~ts o~ thc t 1. ~ .:~-d Father s ~.~ - cather wilt ap~intmenfs tra-cu~iC~m ucrvities 12 ~atucr ,~ ' ---s that ~1 men,--, L.:,ul~ a~i~m~. ~" ._ of thc chhm~'" ~, -~ke n~cedence u.e -.:,,kY, he 5~tt to transit' "' · ~t she ma~ ~ans~. '. ~-,l¢'s condition has tmp~¢d, the adult b~ing 9resent' so 13 At all ¢¢levant ft~s hereto and untu ~ - ~ hours, r~, .... ~.~ ch~ldrcn. ~'~'"~ ~ onCe. it~ t~ .~.-- .~. ~5 ~tcss ;~;{l be shard o~ ut. ~ tole hone access to _..u have li~ral P ---* thc children a Ic~t cve~ other l 5 Both p~tes ~,~; -Mother ~Y con--u, · ~ other p~¢nt s custouy. ~ t~ ocncrally a~cr S:30 P m ~VeBItt~ ~ ' ' p~nts must communicate ~th each other concerning custoS~ matters ~8 no~ough the chit~n' tot ~spo~6On of the chit~en ~Iess note6 Mother s~II be respo~ibte · . in this OrSer or othe~ise a~ee~ b~ the p~tes, iatet~ in the ev~t of °thc~i~ ~:~..hall keep each u~.~. the children ~u W-~.~tected' uu~u~ · o ~C paru~ o.. -~,, concem"~ ' ~.~. children ts t o. - ---aical cmcrg~~ ~ .-,-Il being o~ serious illness o~ t'~,,,e &e heatm ~u --~ ~cc~SS~Y st~ps to such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 19. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development ofthe children's love or affection for the other party. 0. This Order is entered pursuant to an agreement of the p. arties at a Custody Conciliation Conference. The parties may modify the provisions ofth~s Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, October 24, 2001 at 9:30 a.m. BY TH!.EOURT,/ cc: Michael J. Hanft, Esquire, Counsel for Father ~ Carol J. Lindsay, Esquire, Counsel for Mother PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : 2001-2639 CIVIL TERM ; DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger July 7, 1990 Father Cory A. Binger May 17, 1987 Father 2. A Conciliation Conference was held in this matter on August 16, 2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanfl, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay. Esquire. 3. Thc parties agreed to entry of an Order in the form as attached. Date J~:que~fne M. Veroey, Esquire ~-~ Custody Conciliator PATRICK A. BINGER, : IN THE COURT OF COMMON PLEASE OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION. LAW : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : Defendant/Petitioner: IN CUSTODY PETITION FOR CONTEMPT NOW COMES Petitioner, Donna C. Brooks, Defendant above, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children: Kyle N. Binger, born July 7, 1990; and Corey A. Binger, born May 17, 1987. 2. From the parties' separation in 1993 until the entry of this Court's Order of July 16, 2001, the children have been in the primary physical care of Defendant. 3. The parties entered into an Agreement on August 20, 2001, according to the terms of which Petitioner transferred to Respondent primary physical custody of the children. A copy of the Court's Order of August 20,2001 is attached hereto as Exhibit "A". 4. Since the entry of the Order on August 20, 2001, Respondent has violated the Order in t he following respects: SAIDIS ~HUFF, FLOWER & LINDSAY A. Paragraph 5 of the Order calls for Corey to attend Cumberland w. ms, s,~ Valley Schools. Between the entry of the Court Order on August Carlisle, PA 20, 2001, and the start of the school year, Respondent transferred Corey into the Carlisle School District in order to avoid the obligation of driving Corey to school as he had agreed. B. Paragraph 8 of the Order calls for Kyle to continue in therapy with Victoria Whitcomb at the frequency recommended by her. Respondent has not continued Kyle's therapy with Victoria Whitcomb by making the timely appointments required in Paragraph 8. C. Paragraph 9 of the Order requires Petitioner and Respondent to "make a good faith effort to continue counseling with Victoria Whitcomb to assist in the custody transition and their communication with each other". Respondent has terminated counseling with Ms. Whitcomb. D. Paragraph calls for both children to continue with their primary care physician, Dr. Scott Setzer. Respondent transferred the children's files to another primary care physician without advising Petitioner. E. Paragraph 16 of the Order calls for the parents to communicate with each other concerning custody matters and not to the SAIDIS {HUFF, FLOWER children. Petitioner learned of the transfer of Corey's school & LINDSAY ~6 w. xl~, s,m from the child, not from his father. Respondent continues to CarJlsJe, PA avoid discussing matters with regard to the children with Petitioner. F. Paragraph 19 of the Order charges each parent with doing nothing to estrange the children from the other party, or injure the opinion of the children from the other party, or injure the opinion of the children as to the other party, or which hampers the free and natural development of the childran's love or affection for the other party. Since the entry of the Court Order on August 20, 2001, Respondent refuses to provide the children to Petitioner indicating to them that they can visit her if they want to, and he continues to openly make fun of and denigrate the Petitioner in front of the children. WHEREFORE, Petitioner prays this Honorable Court to find Respondent in Contempt of its Order of August 20, 2001. SAIDIS, SHUFF, FLOWER & UNDSAY, P.C. Attorneys for Defendant By: -- ~'~C~ ~31J.~.indsay, Esquire '-"' ID# 44693 SAIDIS 26 West High Street ;HUFF, FLOWFJt & LINDSAY Carlisle, PA 17013 ~ (717) 243-6222 26 W. Hlih Steel Carlisle, PA VERIFICATION I, the undersigned, hereby vedfy that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Donna C. Brooks Date: SAIDIS ~HUFF, FLOWER & LINDSAY 26 W. High Slreel Carlisle, PA PATRICK A. BINGER, : IN THE COURT OF COMMON PLEASE OF PlalntlfflRespondent: CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 2001-2639 CIVILTERM DONNA C. BROOKS, : Defendant/Petitioner: IN CUSTODY CERTIFICATE OF SERVIQF AND now, this day of 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Contempt this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael J. Hanft, Esquire 19 Bmokwood Avenue, Suite 106 Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attomeys for Defendant/Petitioner i ' By: Carol J .]-ind sa y,--E~"~u ire ID# 446'93 26 West High Street SAIDiS Carlisle, PA 17013 ;HUFF, FLOWER (717) 243-6222 & LINDSAY 26 W. HIBh CarJisJe, PA PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CML ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT ANDNOW, this ,~O dayof~t3J~ 5~' ,2001, upon ~cOl~ideration of the attached Custody Co}xciliati~ln Report, it is ordered and directed as OWS.' x,~ I. The prior Order of Court dated July 16, 2001, is hereby vacated 2. Father, Patrick A. Binger, and the Mother, Donna C. Brooks, shall have shared legal custody ofKyle M. Binger, bom July 7, 1990 and Cory A. Binger, bom May 17, 1987. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of Kyle. 4. Mother shall have partial physical custody of Kyle on alternating weekends from Friday at 6:00 p.m. to Sunday at :5:00 p.m. Mother may occasionally extend her time on Sundays if family activities are planned with reasonable prior notice to Father. 5. Father and Mother shall have shared physical custody of Cory at times agreed by the parties. Cory shall continue to attend Cumberland Valley Schools. The parties shall assure that the two children spend their weekends together. 6. Mother shall have physical custody of both children when, during the school year, the children are off from school on Mondays and Mother is off from work on Mondays and Father works. When the Mondays coincide with Mother's weekend schedule, the children will extend their weekend with Mother until Monday at :5:00 p.m. When the Mondays do not coincide with Mother's weekend, Mother shall pick up the children at a time agreed by the parties and return the children at :5:00 p.m. 7. Father shall assure that all of Kyle's psychiatric appointments are kept with Dr. Emily White and that all prescribed medication is administered to I~yle. Father is to advise Mother of said appointments and if she cannot attend, Father will report the results of the appointment to Mother. 8. Father shall assure that Kyle continue in therapy with Victoria Wlgt~omb at the frequency recormnended by her. Father shall make timely appointments for Kyle. 9. Mother and Father shall make a good fa/th effort to continue counseling with Victoria Whitoomb to assist in this custody transition and their communication with each other. 10. Father will assure that Wrap Around services will b~ instituted as recommended by Kyle's pmfeasiona/team. Father is to advise Mother of those services. ! I. Both children are to continue with their present primary cer~ physician, Dr. Scott Setzer, provided Father's insurance appiias. Father is to advise Mother ora/! appointments and iflVlother cannot attend, Father will report to Mother the results oft. he appointments. 12. Father is to advise Mother ofa/l educational and extra-curricular activities of the children. Father assures that all medical, psychiatric, counseling and wrap around appointments will take precedence over extra-curriculer activities. ~n the event Father is unable to transport the children to any activity, he shall notify Mother in a timely fa~ion so that she may transport. 13. At ail relevant times hereto and until Kyle's condition has improved, the parties shall not leave Kyle alone without an adult being present. 14. In the event Father is in need of babysitter services for a period longer than three (3) hours, Father is to contact Mother in a timely manner and give her the opportunity to have custody of the children. Transportation for the children in such ~vent shall be shared by the per~ies unless otherwise agreed. 15. Both pan!es shall have liberal telephone access to the children while they are in the other parent's custody. Mother may contact the children at least every other evening generally a~er 8:30 p.m. 16. Parents must communicate with each other concerning custody mattet~ and not through the c~ldren. ! 7. Mother sha/l be responsible for transportation of the children unless noted otherwise in this Order or otherwise a~reed by the parties. ! 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure the health and well being of the children is protected. During such illness or medical emergency, bo~h parties shall bare ~he right to visit the children as otten as he or she desires consistent with ~he proper medical care of the children. 19. Neither parent sl~ll do any~ing which may es~u~e the children from the o~.e.r par~y, or injure ~ opinion ofthe children fi'om the other party, or injure the opinion of the children as to the other party, or which may hamper thc ~ and natural development of the children's love or affection for the other pan'y. 20. This Order is entered pursuant to an alFe~ment of the parties at a Cns~ody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, October 24, 2001 at 9:30 a.m. BY ~ COURT, cc: Michael $. Hanft, Esquire, Counsel for Father Carol ~. Lindsay, Esquire, Counsel for Mother TRUE COPY FROM RECO~D. In Testimony whereof/I h....'" u~i'o set my ~ ~nd~b, le seal of said,~ourl a,+-,~arlJs[~, pa. ' ~ , ' PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : 2001-2639 CIVIL TERM : DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, tl~ undersigned Custody Conciliator submits the following I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger July 7, 1990 Father Cory A. Binger May 17, 1987 Father 2. A Conciliation Conference was held in this matter on August 16, 2001, with the following individuals in attendance: The Father, Patrick A. Bing~r, with his counsel, Michael J. Hanfl, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date J~:que~{ne M. Vemey, Esquire Custody Conciliator PATRICK A. BINGER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-2639 CIVIL ACTION LAW DONNA C. BROOKS DEFENDANT : IN CUSTODY AND NOW, Wednt~day, December OS, 2001 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland CounP/Courthouse, Carlisle on Thursday, December 13, 2001 at 8:30 AlVl 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 thc court, and to enter into a temporary order. All children age five or older may also be present at thc conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COI. IRT, By: /si lacaueline M. Vernev. Esa. ~r'N/tn 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 ATrORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .JAN JAN PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA ; V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT AND NOW, this day of ,..}',~M, b44~ ,200~, upon consideration of the attached Custody Conciliation Report, it i~ ordered and directed as follows: 1. The prior Order of Court dated August 20, 2001, shall remain in full force and effect with the following modifications: A. Paragraph 9 of the Order of Court of August 20, 2001 shall be deleted in its entity and replaced with the following: Mother and Father shall attend relational counseling with a counselor selected by the parties' attorneys. In the event the attorneys are unable to reach agreement, the counselor shall be Marry Williams. The par~ies shall share the cost ofsuch counseling and attend counseling at the frequency recommended by the counselor. The parties shall sign releases so that the new counselor may obtain prior pertinem records as deemed necessary by the counselor. B. Paragraph 20 of the Order of Court of August 20, 2001 shall be modified to the extent that another Conciliation Conference is scheduled for March 27, 2001 at 8:30 a.m. 2. A determination on the allegations of the Petition for Contempt shall be held in abeyance and may be pursued by Mother in the future. B Y~TI-IE COUR~ Edgar B. Bayley, ~ J. cc: Michael J. Hant~, Esquire. Counsel for Father Carol J. Lindsay, Esquire, Counsel for Mother 9-- PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. ~ CUMBERLAND COUNTY, PENNSYLVANiA ~ 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION. LAW Defendant : : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODy CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CU PROCEDURE 191 MBERLAND COU _ 5.3-8, the undersigned Custod C- .. NTY RULE OF CIVIL report: Y oncJhator submits the following I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY/N CUSTODY OF Kyle M. Binger July 7, 1990 Father CoD' A. Binger May 17, 1987 Father 2. A Conciliation Conference was held in this matter on December 28, 2001. with the following individuals in attendance: The Father, Patrick A. Binger. with his counsel. Michael J. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lindsay, Esquire. 3. A prior Order of Court was entered by the Honorable Edgar B. Bayley dated August 20, 2001. It provided for sh physical custody and Mother ho: .... .ared,?gal custody with Father · .v },,,y~matcustouychnal;emating ~u~ penoas otpanial _t..._. , , ,,vm~ primary weekends. It also provided for Kyle to continue attending Cumber/and Valley schools and counseling to continue for Cory. 4. Mother filed a Petition for Contempt a/leging, inter a/ia, that Father intentionally violated the Order of Court when he enrolled was not taking Cory to counseling as ordered. Kyle in Carlisle schools and 5. The pan/es agreed to hold the Contempt allegations in abeyance and agreed to the entry of an Order in the form as attached. v · - ....... ~, rmey, Esquire Custody Conciliator APR 0 8 PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff ~ CUMBERLAND COUNTY,PENNSYLVANiA V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT AND Now. this Iday of {~',~"- J consideration of the attache,~ r~__~A.~. ~ -.,~..~P~ I ,2002. upon follows: ~ ~,~o,y ~oncma~ion ~epon. it is ordered ~d directed ~ 1. The prior Order of Cou~ dated Janu~y 16. 2002, shall remain in full fore and effect with the following modifications: A. Father shall forthwith m~e a counseling appointment with Maay Williams to occur during ~he week of April 8, 2002 and shall attend counseling weekly or as ~quently as recommended bv Marry Williams. The p~ies shall sign all necess~y ~le~es request~ by ~y Williams so that all info~ation may be shard with co~sel for both p~ics. B. Father shall c°mply with P~graph 8 of thc O~er of Court of August 20. 2001 concerning the continuation of Kyle's therapy with Victo~a Whitcomb. C. Mother may file for a hearing on her original Contempt Petition which was held in a~yance ~d on her ~ended Petition for Contempt at ~y time withou~ the necessity ora Conciliation Conference. 2. Either p~y may contact the Conciliator within t~e (3) months from the date of this Order to schedule ~other Conciliation Conference. BY T~ COURT~ Edgar B. ~ayl~ . ~ j. ce:~ichael J. Hanff. Esquire, Counsel for Father ~aml J. Lindsay, Esqui~, Counsel for Mother PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANiA : V. : 2001-2639 CIVIL TERM _. DONNA C. BROOKS, : CIVIL ACTION. LAW Defendant : : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8. the undersigned Custody Conciliator submits the following report: 1. The periinent information concerning the Children who are the this litigation is as follows: subject of NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger July 7, 1990 Father Cory A. Binger May 17. 1987 Father 2. A Conciliation Conference was held in this matter on April 4, 2002, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hant~. Esquire, and the Mother, Donna C. Brooks. with her counsel. Carol J. Lindsay. Esquire. 3. Prior Orders of Court have been entered by the Honorable Edgar B. Bayley dated August 20, 2001 and January 16, 2002. Those Orders provided for shared legal custody with Father having primary physical custody and Mother having periods of pa~mial physical custody on alternating weekends. They also provided for counseling to continue for Kyle and counseling to be initiated by the parents. 4. Father has failed to assure that Kyle attend counseling with Victoria Whiteomb. Father has also failed to attend counseling with Marty Williams. 5. Mother intends to file an Amended Contempt Petition reflecting these additional allegations. 6. The parties agreed to the entry of an Order in the form as attached. PATRICK A. BINGER, : IN THE COURT OF COMMON PLEASE OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : vs. .' CIVIL ACTION. LAW : NO. 200'1-2639 ClVlL TERM DONNA C. BROOKS, DefendantJPetltioner: IN CUSTODY AMENDED PETITION FOR CONTEMPT NOW COMES Petitioner, Donna C. Brooks, Defendant above, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children: Kyle N. Binger, born July 7, 1990; and Corey A. Binger, born May 17, 1987. 2. From the parties' separation in 1993 until the entry of this Court's Order of July 16, 2001, the children have been in the primary physical care of Defendant. 3. The parties entered into an Agreement on August 20, 2001, according to the terms of which Petitioner transferred to Respondent primary physical custody of the children. A copy of the Court's Order of August 20,2001 is attached hereto as Exhibit "A". 4. Since the entry of the Order on August 20, 2001, Respondent has SAIDIS ~HUFF, FLOWER violated the Order in t he following respects: & LINDSAY ~6 w.,,sh s...t A. Paragraph 5 of the Order calls for Corey to attend Cumberland Carlisle, PA Valley Schools. Between the entry of the Court Order off August 20, 2001, and the start of the school year, Respondent transferred Corey into the Carlisle School District in order to avoid the obligation of driving Corey to school as he had agreed. B. Paragraph 8 of the Order calls for Kyle to continue in therapy with Victoria Whitcomb at the frequency recommended by her. Respondent has not continued Kyle's therapy with Victoria Whitcomb by making the timely appointments required in Paragraph 8. C. Paragraph 9 of the Order requires Petitioner and Respondent to "make a good faith effort to continue counseling with Victoria Whitcomb to assist in the custody transition and their communication with each other". Respondent has terminated counseling with Ms. Whitcomb. D. Paragraph calls for both children to continue with their primary care physician, Dr. Scott Setzer. Respondent transferred the children's files to another primary care physician without advising Petitioner. E. Paragraph 16 of the Order calls for the parents to communicate with each other concerning custody matters and not to the children. Petitioner learned of the transfer of Corey's school from the child, not from his father. Respondent continues to avoid discussing matters with regard to the children with Petitioner. F. Paragraph 19 of the Order charges each parent with doing nothing to estrange the children from the other party, or injure SAIDIS ;HUFF, FLOWER the opinion of the children from the other party, or injure the & LINDSAY AWa~U,^T,~W opinion of the children as to the other party, or which hampers 26 W, High Street Carlisle, PA the free and natural development of the children's love or affection for the other party. Since the entry of the Court Order on August 20, 2001, Respondent refuses to provide the children to Petitioner indicating to them that they can visit her if they want to, and he continues to openly make fun of and denigrate the Petitioner in front of the children. G. Respondent has violated Paragraph 1 (A) of the Court's Order of January 16, 2002 by refusing to engage in relational counseling with Marry Williams. H. Respondent does not encourage the children to visit with Petitioner during Court Ordered times, but rather encourages the children to believe that they do not have to visit with Petitioner. WHEREFORE, Petitioner prays this Honorable Court to find Respondent in Contempt of its Order of August 20, 2001. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant I J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS ;HUFF, FLOWER & LINDSAY ,26 W. High Street C~rllsle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Donna C. Brooks Date: SAIDIS ;HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PATRICK A. BINGER, : IN THE COURT OF COMMON PLEASE OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 2001-2639 ClVIL TERM DONNA C. BROOKS, : Defendant/Petitioner: IN CUSTODY CERTIFICATE OF SERVICF AND now, this ~/~-xt day of /,~/ , 2001, I, Carol J. Lindsay, Esquire, of the law firm of SA~I~IS, SHUFF, FLOWER& LINDSAY, Attorneys, hereby certify that I served the within Amended Petition for Contempt this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael J. Hanff, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant/Petitioner By: ~]~'~sa-'y, E sq u ire ~ 44693 26 West High Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWSR (717) 243-6222 & LINDSAY 26 W. High Street Carlisle, PA PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF PlaJntlfflRespondent: CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : Defendant/Petitioner: IN CUSTODY .PETITION FOR MODIFICATION OF CUSTODY ORDE; ,_ NOW COMES Donna C. Brooks, Petitioner, by and through her counsel SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, Kyle M. Binger, bom July 7, 1990 and Cory A. Binger, bom May 17, 1987. 2. Legal custody of the children is shared and physical custody of the children is as set out in the court's order of August 20, 2001 as amended on January 16, 2002 and August 15, 2002. Copies of the relevant court orders are attached hereto as Exhibit "A", 'B" and "C" respectively. 3. Circumstances have changed such that the custody provision with regard to Cory is no longer workable as the Petitioner is prohibitive from having physical custody of Cory. Furthermore custody of Kyle has been withheld SAIDIS SHUFF, FLOWER as well. & LINDSAY ~ 4. Both children are evidencing signs of psychological stress. 26 W. High S~reet Carlisle, PA WHEREFORE, Petitioner prays this Honorable Court to modify its orders of August 20, 2001 as amended to provide periods of partial custody of the children with Petitioner and to permit independent psychological evaluation of both children. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant /" ~aq:)l J. Lindsay,lEsquire [ ~[~44693 ~ ~ West High Street Ca,isle, PA 17013 (717) 243-6222 SAIDIS SH bTF, FLOWER & LINDSAY 26 w. Hifh Street Caflble, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Donna C. Brooks PATRICK .4. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent! CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION. LAW : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : Defendant/Petitioner: IN CUSTODY CERTIFICATE OF SERVICF AND now, this ' day of _ 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Modification of Custody Order this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael J. Hanff, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 SAJDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys four Defertdant/Petitioner Carol J. L' ~-a' Es u r~ ID# 44~ y q 26 Wes~gh Street SAIDIS SlmFF, FLOWER Carlisle, PA 17013 & LINDSAY (717) 243-6222 26 W. High Street Carlisle, PA Exhibit A ~, ~ __~2001, u?on ,,, , :o D day of~d andd~rec~¢d as considera6on of ~ folloWS: ~ Cour~ dated luly 16, ~001, is h~.Y vacated . ~ prior order m - Do.ua Crooks, shall have 1. . ":n-er, and th, IVl_o~n and Cmy,. Bing¢£, bom May _ Va*her, patrick A._~.~ ~ born lubJ 7, t~l~.~,edi~/u with the other . ?' , -u~odv of['1¢ M. t~ln~'~ fight, to be..ex_:;:~,'th~l~m,s general well- shared tCgat ~. :-.+ .hall have m~ -~ 17,191~. ~'~__ ~1 me'lOt non-~m~e,, a.~'sionS ---ent to roa~ ~" "' ~ . u.~Red to, a~l u religion. . · ~ shall ~vc pri~ pUyS~c~ '~ .' -.. , .... 3. F - .-~ ot ~memaung ' h sleet custo ~ . - ,, ha~e u~lal p Y . ~.aa ~.m. Mo~ occ~on~ly i MoOr sn~_ ~ to Sunda~ a~ a.~f~.d ~mble prior notice '/ ~Fri~Y at o:vyo~"Z~., ~6vities ex. nd her [l~ _ __ ~ uh~sic~ cuf Co~ at times to ~a~r' - ~ ~o~ s~ll ~. . ~ s~tt ~.. t --.,ca by ~c p~C[. ~ ~o child~U spcu~ --- p~eS S~tt ondayS ~d ~a!~U will extcud ~eil W~'J ,her's weekend, ~,ck up the children at aume . . ,_ _s~chia~c as ~c kept wi[h Dr. Emi Y ' .... . is to advise Mother of said appointments and if she cannot arteud, 1:atber will report the ' results of the appointment to Mother. . .-..~ ~,, therapy with V. ictoria Whitcomb · - "assure that Kyle contmu- ,,,. .. , ..... -munents for g, ylc. 8 Fat~er sna~ . J .... tother shall malce ume~y "FF"- at the f~e'quency reconunenae" uy n~. -,'"- .... ,_ _rr,,,~ 'o continue counseling.,_ · - ,,-,~-,- shall make a ;ood Iai.m -,,~".,[.:. ,,mmunication 9. Mo~er alia rGu.~ ....,_: .... -todv transiuon aha u~.,- with ¥i~oria Whitcomb to assss~ m u~, ~,,- each other. · · will be instituted as . 10. Father _w~,'.ll assure,that Wrap Aroun~l .services. recommended by Kyle s professsonal team. Father ts to advise Mother of those services. ontinue with 't'alr present, prhn .ar~. care physic?n:, .... ~.a,~-,.n are to c .."' ,,--~--- ~s to advise Mother oI 11. Dom t;,.~j_~i-~.,h~ 's insurance appuesL rGu,,-~, ._ x~,, er the results ot-tue Dr. Scott Seizer, pro_ .~t.c~.~_'-a~,,er,,'ot attend, Father Will report to appointments and if MOm=~ appointments. . , ..... ,,,rrlcular activities .tional ano ca~ .- - · -- advise Mother o£ all educ,~ ....... lino and wrap arou~.d 12. rattier ts w ~ _ ,, _..~:,al nsvcniainc, couu~,- ,~ ,~- assures that a. m~.,--.., ,- ~ In the event Father ts o~the children, ram-, . ' ' ' · appointments will take precedence over extra curncular act~vttias unable to transport the children to any activit% he shall noti~ Mother in a timely fashion so that she may transport. · 13. At all relevant times hereto and until Kyl¢'s condition has improved, the ponies shall not leave K. yl¢ alone without an adult bein; present. · · ot'habysitter services for a period Ion;er . t {her ~s ~n need ...... ~, --d ;ire her the 14. h, the even F.a .... ,,~,,ther in a timely mrna than three (3) hours, Father ~s to conm~,, ...... opportunity to have custody of the children. Transportation for the children in such event shall be shared by the parties unless otherwise aireed. · , le hone access to the children while fluky ,, oth parties shall have },beral !-~'-[Pn~ the children at least every other ... S _ ~_.. t are in thc other parent's custody. Iviolner may evcdnt ;enerallY after i:30 p.m. 16. Parents must conunWticate w~th each other concernin; custody mailers and not throu;h the children. ther shall be responsible for .tr. anspo.rt, ation of the children unless noted 17.. ..M~_~_. '-r otherwise a~¢ed by ae parnas. otherwise in tills u£u~ v er advised immediately in thc event of ies shall keep each otb., · and shall further ra~_c .any 18. The part tn the children . n serious illness or medical e. me,_r_~,n.~Y~,~nwcee~ ~j, of the children ,s prolecled. Dun necessary steps lo ensure w.c ~CG.L~ ........ bc _ such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical cam o£the children. 19. Neither parcm shall do anything which may estrange the children fi'om thc other party, or injure thc opinion of the children from the other party, or injure the opinion o£the chilch~n as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 20. This Order is entered pursuant to an agreemant of thc 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 tcnns of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, October 24, 2001 at 9:30 a.m. BY THE COURT, cc: Michael J. Hanft, Esquire, Counsel for Father Carol $. Lindsay, Esquire, Counsel for Mother TRUE COPY FROM RECO~D.o In Testimony whereof/I h.. r" ?to set my ~ and )~e seal of said,~our/~arlisM, ~. t "7-'"'"- .... z/ , PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : 2001-2639 CIVIL TERM : DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY PRIOR JUDGE: Edgar 13, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE wrrH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The peninen! information concerning the Children who are the subject of this litigaion is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger July 7, 1990 Father Cory A. Binger May 17, 1987 Father 2. A Conciliation Conference was held in this matter on August 16, 2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael J. Hanfi, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol $. Lindsay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date q ne M. Vemey, Esquire Custody Conciliator Exhibit B JAN 0 PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : ; IN CUSTODY ORDER OF COURT AND NOW, this /z ~- day of~ .... 20(IL, upon consideration oftbe attached Custody ConCiliation ~.eport, it is ordered and directed as follows: 1. The prior Order of Court dated August 20, 2001, shall remain in full force and effect with the following modifications: A. Paragraph 9 of the Order of Court of August 20, 2001 shall be deleted in its · entity and replaced with the following: Mother and Father shall attend relational counseling with a counselor selected by the parties' attorneys. In the event the attorneys are unable to reach agreement, the counselor shall be "' Mar~y Williams. The parties shall share the cost of such counseling and attend counseling at the frequency recommended by the counselor. The parties shall sign releases so that the new counselor may obtain prior pertinent records as deemed necessary by the counselor. B. Paragraph 20 of the Order of Court of August 20, 2001 shall be modified to the extent that another Conciliation Conference is scheduled for March 27, 2001 at 8:30 a.m. 2. A determination on the allegations of the Petition for Contempt shall be held in abeyance and may be pursued by Mother in the future. BY THE COURT, ]~d~ar B. ~ayley, ~ ~J. cc: Michael J. Hanft, Esquire, Counsel for Father t......:.. Carol J. r~a,,,,,n,,sa~,c,..~,~s,~u,re, Counsel for Mother ,'.:. ~'. . .. . . Exhibit C PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA ; V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACT/ON - LAW Defendant : : IN CUSTODY ORDER OF COURT AND NOW, this. /,~ day o~////ld, n ~ ,2002, upon consideration of the attached Custody Cunciliatiol~Report, it is ordered and directed as follows: I. The prior Order of Court dated January 16, 2002, shall remain in full force · and effect with the following modifications: A. Father shall forthwith make a counseling appointment with Many Williams to occur during the week of April 8, 2002 and shall attend counseling weekly or as frequently as recommended by Marry Williams. The parties shall sign all necessary releases requested by Marry Williams so that all information may be shared with counsel for both parties. B. Father shall comply with Paragraph 8 of the Order of Court of August 20, 2001 concerning the continuation of Kyle's therapy with Victoria Whitcomb. C. Mother may file for a hearing on her original Contempt Petition which was held in abeyance and on her Amended Petition for Contempt at any time without the necessity of a Conciliation Conference. 2. Either party may contact thc Conciliator within three (3) months from the date of this Order to schedule another Conciliation Conference. BY THE COURT, Edgar B. ~ayley, ~. / / cc: Michael J. H~, Esqui~, Counsel for Father C~l J. Li~say, Esquire, Co~l for Mo~er TRUE COPY FROM. RECORD PATRICK A. BINGER : IN THE COURT OF COI~MON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-2639 CIVIL A(~I'ION LAW DONNA C. BROOKS : DEFENDANT : IN CUSTODY AND NOW, Wednesday, Ma), 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before_Jaequeline M. Vern~y, Esq. , the conciliator, at 4th Floor, Cumberland Courtly Cour!b_~.,_%-, Carlisle oil Tuesday, June 0~, 2_a!t_a. at 8:30 AM fur a Pre-Hearing Custody Conference. At such conii,'rence, an etlbrt will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age ~ve or older may also be present at the conference. Failure to apl~ear 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 hoars prior to scheduled heariua. FOR THE COURT. By: /s/ ?zcqueline M, Verney_ . Esq, tnhc Custody Conciliator The Court of Common Pleas of Cumberland ounty is required by aw to comply with the C ' 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 ur business befure 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 f PATRICK A. BING. ER, : IN THE COURT OF COMMON PLEAS PlalntlfflRespondent: CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION. LAW : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : Defendant/Petitioner: IN CUSTODY ORDER OF COURT AND NOW, this ~ ~L day of ~ ,2004, upon consideration of the within Petition, a Rule is issued on the Respondent to show cause why the relief requested should not be granted. Rule returnable at a hearing set for the /~bt. day of ~ , 2004 in courtroom number ~. at the courthouse at Carlisle, Pennsylvania at ! !. O0 o'clock j~.m. J. SNUFF, FLOWER 26 W. High Slreet Corifsie, PA PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : DefendantJPefitloner: IN CUSTODY _PETITION FOR EMERGENCY RELIEF Now comes DONNA C. BROOKS, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, Kyle M. Binger, born July 7, 1990 and Cory A. Binger, born May 17, 1987. 2. Legal custody of the children is shared and physical custody of the children is as set out in the court's order of August 20, 2001 as amended on January 16, 2002 and August 15, 2002. Copies of the relevant court orders are attached hereto as Exhibit "A", "B" and "C" respectively. 3. On the same date as the date of filing this Petition, Petitioner has also sought modification of the court orders presently in place. 4. On April 27, 2004 Cory Binger, who will be seventeen years of age this month, was suspended from school for drug use. Upon information SAIDIS and belief, when Respondent went to pick the boy up at school he was SHUFF, FLOWER & I.;NDSAY under the influence of alcohol. w..,~, s,~ 5. On April 29, Thursday at 6:40 p.m., the Petitioner picked Cory up at Carlisle, PA Respondent's house with Respondent's permission to keep him through Monday. The child was drunk at his father's house when Petitioner picked him up and later sobbing. On Saturday, May 1, when Petitioner went to pick the child up from his employment, he was, once again, drunk and crying. Respondent refused to permit the child to go with the Petitioner, the police were called and a brawl ensued during which Respondent attacked Petitioner's husband. Upon information and belief Respondent is being charged with simple assault and harassment. 6. Petitioner has not been permitted to see her child since May 1, 2004. Upon information and belief from reliable third parties, the child is fearful of his father. 7. The present court order permits the Respondent to veto any contact between Petitioner and her son and Respondent is presently prohibiting such contact. 8. Petitioner is concerned for the psychological well-being of her child and seeks the psychological evaluation for both children and the opportunity to see both children. WHEREFORE, Petitioner prays this Honorable Court to issue upon Respondent a Rule to show cause why she should not be permitted to have periods of partial custody with her children and why she should not be permitted to arrange for and take the children to a trained psychologist for an evaluation. SAIDIS & LINDSAY SAIDIS, SHUFF, FLOWER & LINDSAY ~ Attorneys for PI.a. inti/~ 26 W. fll~h Su~et ...... . By: Carol J. Linc~say, Esquire\ ID~ 44693~' 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, Donna C. Brooks, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Donna C. Brooks, Petitioner PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : DefendantJPetlfioner: IN CUSTODY .CERTIFICATE OF SERVICF 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAIDiS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Emergency Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael J. Hanff, Esquire 19 Bmokwood Avenue, Suite 106 Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant\Petitioner .c? j. ~D# 44693(~../ SA,]D[S 26 West High Street StIIJFF, FLOWF~. Carlisle, PA 17013 & Li'NDSA¥ ~ (717) 243-6222 Carllde, p& AU$ Z ? ZOOt '- PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT Of~) ~/~ Il .5~ . ,2001, u.pon · ANDNOW, this /~0 daY conci[iati~ Report, it ,s ordered and d, rectedas consideration of the attached Custody follows: 1. The prior Order of Court dated July 16, 2001, is hereby vacated 2. Father, Patrick A. Binger, and the Mother, Donna C. Brooks, shall have shared legal custody of Kyle M. Binger, born July 7, 1990 and Cory A. Binger, bom May 17, 1987. Each parent shall have an equal right, to be exercisedjointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of Kyle. 4. Mother shall have partial physical custody of Kyle on alternating weekends from Friday at 6:00 p.m. to Sunday at 5:00 p.m. Mother may occasionally extend her time on Sundays if family activities are planned with reasonable prior notice to Father. 5. Father and Mother shall have shared physical custody of Cory at times agreed by the parties. Cory shall continue to attend Cumberland Valley Schools. The parties shall assure that the two children spend their weekends together. 6. Mother shall have physical custody of both children when, during the school year, the children are off from school on Mondays and Mother is off from work on Mondays and Father works. When the Mondays coincide with Mother's weekend schedule, the children will extend their weekend with Mother until Monday at 5:00 p.m. When the Mondays do not coincide with Mother's weekend, Mother shall pick up the children at a time agreed by the parties and return the children at 5:00 p.m. 7. Father shall assure that all of Kyle's psychiatric appointments are kept with Dr. Emily While and that all prescribed medication is administered to Kyle. Father is to advise Mother of said appointments and if she cannot attend, Father will report the results of the appointment to Mother. ather shall assure that Kyle continue in therapy with Victoria Whiteomb · ~ 8. F --~-~-~ b" her Father shall make timely appointments for Kyle. at toe rrequancy reconms~u~,, ~ · ....... "- a -ood faith effort to continue count, eling. 9. Mother eno l-atoer snau. ma~ s . · with Victoria Whiteomb to assist in th~s custody transition and their commumcat~on with each other. 10. Father will assure that Wrap Around services will be instituted as recommended by Kyle's professional team. Father is to advise Mother of those services. enntlnue with their present primary care physic?~.,. 11. Both children arc to ........ . - · ......... t Dr. Scott Seizer, provided Father's insurance applies. Father Is to advise Morner appointments and if Mother cannot attend, Father will report to Mother the results of thc appointments. 2 Father is to advise Mother of all educational and extra-curricular activitic, s _. ,!..,. ........... 'hat all medical, psychiatric, counseling and wrap arom}.o or'file Cllll(lren. ~'amer itl~cu;~ appointments will take precedence over extra-curricular activities. In the event Father is unable to transport the children to any activity, he shall notify Mother in a timely fashion so that she may transport. 13. At all relevant times hereto and until Kylc's condition has improved, the parties shall not leave I~yle alone without an adult being present. 14. In the event Father is in need ofbabysit~r services for a period longer than three (3) hours, Father is to contact Mother in a timely manner and give her the oppon'unity to have custody of thc children. Transportation for the children in such event shall be shared by the parties unless otherwise agreed. 15. Both parties shall have liberal telephone access to the children while they are in the other parent's custody. Mother may contact the children at least every other evening generally after 8:30 p.m. 16. Parents must communicate with each other concerning custody matters and not through the children. 17. Mother shall be responsible for transportation of the children unless noted otherwise in this Order or otherwise agreed by the parties. 18. Thc parties shall keep each other advised immcdiataly in thc event of serious illness or medical emergency concerning thc children and shall further take any necessary steps to ensure the health and well being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 19. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 20. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, October 24, 2001 at 9:30 a.m. BY THE COURT, ¥ cc: Michael J. Hanfl, Esquire, Counsel for Father Carol $. Lindsay, Esquire, Counsel for Mother TRUE COPY'FROM RECO~D. In Testimony whereof/I h'. r~ u~to set my Iiird, andre seal of said~ourt a.+~arlisl~, ~a. -7 ........... PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF PLaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : 2001-2639 CIVIL TERM ; DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY PRIOR JUDGE: Edgar B, Bayley, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kyle M. Binger July 7, 1990 Father Cory A. Binger May 17, 1987 Father 2. A Conciliation Conference was held in this matter on August 16, 2001, with the following individuals in attendance: The Father, Patrick A. Binger, with his counsel, Michael .I. Hanft, Esquire, and the Mother, Donna C. Brooks, with her counsel, Carol J. Lin&ay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date J~qae~'ne M. Verney, Esqmre P' Custody Conciliator .lAN PATRICK A. RINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT AND NOW, this /& r~ day of Oa~ ,20(IL, upon consideration of the attached Custody ConCiliation lt. epon, it is ordered and directed as follows: 1. The prior Order of Court dated August 20, 2001, shall remain in full force and effect with the following modifications: A. Paragraph 9 of the Order of Court of Augnst 20, 2001 shall be deleted in its . entity and replaced with the following: Mother and Father shall attend ·. relational counseling with a counselor selected by the parties' attorneys. In ' the event the attorneys are unable to reach agreement, the counselor shall be Many Williams. The parties shall share the cost of such counseling and attend counseling at the frequency recommended by the counselor. The parties shall sign releases so that the new counselor may obtain prior pertinent records as deemed necessary by the counselor. B. Paragraph 20 of the Order of Court of Augnst 20, 2001 shall be modified to the extant that another Conciliation Conference is scheduled for March 27, 2001 at 8:30 a.m. 2. A determination on the allegations of the Petition for Contempt shall be held in abeyance and may be pursued by Mother in the future. BY THE COURT, Edgar B. Wayley, ~ ~J. cc: Michael.l. Hantt, Esquire, Counsel for Father.." ..... .' ~ ' ';" ' · · '" ...' l~u y"nJsa-,~qm"s--'re, Counsel for Mother ~r , ::,~.:.'.......: Carol J. ...... Pr~t,of~otar~ PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : V. : NO. 2001-2639 CIVIL TERM DONNA C. BROOKS, : CIVIL ACTION - LAW Defendant : : IN CUSTODY ORDER OF COURT ANDNOW, this /5 dayof._.~,~Lt~Lt~ ,2002, upon consideration of the attached Custody Conciliatiol~R. epon, it is ordered and directed as follows: 1. The prior Order of Court dated January 16, 2002, shall remain in full force · and effect with the following modifications: A. Father shall forthwith make a counseling appointment with Marry Williams to occur during the week of April 8, 2002 and shall attend counseling weekly or as frequently as recommended by Marty Williams. The parties shall sign all n~cessary releases requested by Marry Williams so that all information may be shared with counsel for both parties. B. Father shall comply with Paragraph 8 of the Order of Court of August 20, 2001 concerning the continuation of Kyle's therapy with Victoria Whitcomb. C. Mother may file for a hearing on her original Contempt Petition which was held in abeyance and on her Amended Petition for Contempt at any time without the necessity of a Conciliation Conference. 2. Either party may contact the Conciliator within three (3) months from the dale of this Order to schedule another Conciliation Conference. BY THE COURT, Edgar B. ~'ayley, Michael J. l-lan~, E.quire, Counsel for Fa~er C~I J. Li~say, Esquire, Co~el for Mo~er TRUE CO~ FROM · RECORD ' ~n ~t~nv whereoq, I h~re un? s~ my ha~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK A. BINGER, : Plaintiff/Respondent : No. 2001-2639 : V. : Civil Action - Law : DONNA C. BROOKS, : Defendant/Petitioner : In Custody .REPLY TO PETITION FOR EMERGENCY RF.I AND NOW, this 25th day of J'une, 2004, comes Patrick A. Binger, Plaintiff/Respondent, by and through his attorneys, Hanft & Knight, P.C., and files the following Reply to Petition for Emergency Relief and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that Cory was suspended from school. It is specifically denied that Cory was suspended from school for drug usc. It is specifically denied that Respondent was under the influence of alcohol as referenced in paragraph 4. Strict proof thereof is demanded at trial. 5. Admitted in part, denied in part. It is admitted that Petitioner picked Corey up at Respondent's house. Cory was not home when Respondent le/~ for work. Since Respondent was not home when Petitioner picked up Cory, it is specifically denied that the child was drunk. Strict proof thereof is demanded at trial. 6. Denied. The averments of paragraph 6 are specifically denied. Strict proofthereof is demanded at trial. 7. Denied. The current Court Order speaks for itself. Ifa more specific answer is deemed appropriate, the averments of paragraph 7 are specifically denied and strict proof thereof is demanded at trial. 8. Denied as stated. The averments ofparagraph 8 are a conclusion oflaw to which no responsive pleading is requi~xi. Strict proof thereof is demanded at trial. WHEREFORE, Plaintiff/Respondent respectfully requests this Honorable Court to dismiss Defendant/Petitioner's Petition for Emergency Relief. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK A. BINGER, : Plaintiff/Respondent : No. 2001-2639 : v. : Civil Action - Law : DONNA C. BROOKS, : Defendant/Petitioner : In Custody CERTIFICATE OF SERVICE AND NOW, this 25th day of June, 2004, I, Michael J. Hanft, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Reply to Petition for Emergency Relief by first class, United States Mail, postage pre-paid, addressed as follows: Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 HANFT & KNIGHT, P.C. Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff/Respondent VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of' my knowledge, information and belie['. I understated that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to tmswom falsification to authorities. RT OF COMMON PLEAS OF · IN THE COU ..... ,,v ENNSYLVANIA PATRICK A. BINGER, ~ CUMBERLAND (;uu~', P plaintiff :. CIVIL ACTION ' LAW vs. ~ NO. 2001-2639 ClVIL TERM DONNA C. BROOKS, : Defendant : IN cUSTODY ORDER 0I= COURT NOW, this_ ~'t_ day of_ ~j~t,, _, 2004, upon consideration of the within Stipulation of the Counsel, the terms of thereof are hereby made an order of the Court. By the Court, J. SAIDIS SHUFF, FLOWER LINDSAY W. Hi$h Carlisle, PA · -. ~..:, ~:..',.~. PATRICK A. BINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ,. vs. : CIVIL ACTION - LAW : NO. 2001-2639 ClVlL TERM DONNA C. BROOKS, : Defendant : IN CUSTODY STIPULATION OF COUNSFI The parties hereto, through their counsel, agree as follows: 1. They are the parents of two children, Kyle M. Binger, bom July 7, 1990 and Cory A. Binger, born May 17, 1987. 2. On May 11, 2004, Donna C. Brooks, hereinafter, Mother, filed a Petition for Emergency Relief and a hearing on that Petition is scheduled for Friday, June 4, 2004. 3. The parties have agreed to continue the Petition for Emergency Relief generally, a hearing thereon to be had at the request of either party. 4. Patrick A. Binger, hereinafter Father, shall provide Kyle M. Binger for counseling sessions with Marty Williams once a week for so long as Marry Williams shall determine commencing the week following June 28, 2004. SA. ID[S Mother shall provide transportation of Kyle to the counseling sessions and Si*lUFF, FLOV,"F.R & LINDSA,¥ Mother shall retum Kyle to Father's residence. Father will insure that Kyle :6 w. ,18~ s,r,t gets into Mother's vehicle for transporting and Mother will pay the costs of Carlllle, PA the counseling. 5. Father will provide counseling for Cory as recommended by the Student's Assistance Program at Carlisle High School or by Probation Department of the Cumberland County court system. Mother may participate in Cory's therapy. 6. This stipulation constitutes Father's express permission for Mother to obtain any information from the Carlisle area school district or from the Cumberland County court system regarding Cory and to participate, as recommended by any counselor in Cory's therapy. 7. Father does not object to Mother's amending paragraph 4 of her Petition for Emergency Relief to aver that Cory Binger was suspended from school for possession of marijuana as opposed to "for drug use". 8. The terms of this stipulation may be made an order of court. Witnesses: SHUFF, FLO~r~ & LINDSAY 26 W. High Slmet Attorney for Plaintiff Cas'lisle, PA