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HomeMy WebLinkAbout05-2757 ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. rua ?/L'v1 KELLY H. BINGAMAN, NUMBER: OS-- :2-757 Defendant CUSTODY COMPLAINT FOR CUSTODY NOW COMES the Plaintiff, ROBERT E. BINGAMAN, JR., by his attorney, Charles E. Petrie, and respectfully represents as follows: 1. Plaintiff is ROBERT E. BINGAMAN, JR., who currently resides at 124 West Portland Street, Apartment 46, Mechanicsburg, County of Cumberland, Pennsylvania. 2. Defendant is KELLY H. BINGAMAN, who currently resides at 2250 Canterbury Drive, Mechanicsburg, County of Cumberland, Pennsylvania. 3. Plaintiff seeks to have rights of primary physical and legal custody with respect to DREW MICHAEL BINGAMAN, born April 17, 1989. The child was not born out of wedlock. The child is presently in the custody of Plaintiff, ROBERT E. BINGAMAN, JR. During the past five years, the child has resided with the following persons and at the following addresses: from May, 2000, until Summer, 2002, with both parents at 254 West Locust Point Road, Mechanicsburg, Pennsylvania; from the Summer of 2002, until November, 2002, at 157 South 32nd Street, Camp Hill, Pennsylvania; from November, 2002, until March 7, 2005, with both parents at 2250 Canterbury Drive, Mechanicsburg, Pennsylvania; from March 7, 2005, until May 23, 2005, in a shared custody arrangement with Dad on Portland Street, Mechanicsburg, Pennsylvania, and with Mom at 2250 Canterbury Drive, Mechanicsburg, Pennsylvania; from May 23, 2005, until the present with Dad at 124 West Portland Street, Mechanicsburg, Pennsylvania. The mother of the child is KELLY H. BINGAMAN, who currently resides at 2250 Canterbury Drive, Mechanicsburg, Pennsylvania. She is married. The father of the child is ROBERT E. BINGAMAN, JR., who currently resides at 124 West Portland Street, Mechanicsburg, Pennsylvania. She is married. 4. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the child. 5. The relationship of the Defendant to the child is that of mother. She currently resides with the parties' older son, Robert Bingaman III, and his friend, Joe Cooper. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. The Plaintiff has no information of a custody proceeding concerning the custody of the child in this or in another court. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by confirming rights of primary physical and legal custody in Plaintiff because the child adamantly desires to reside with his father and have periods of visitation with his mother. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an Order confirming rights of primary physical and legal custody in Plaintiff. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint 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 unsworn falsification to authorities. DATE ROBERT E. BIN MAN, JR. (?. ?? ?? ? /^ v t ` ^ V + \??\ P C?? ?J'1 ? ? r l.. ti. ROBERT E. BINGAMAN, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLY H. BINGAMAN DEFENDANT 05-2757 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 02, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Wednesday, July 20, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to 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/ Melissa P. Greevy Esg. jtt? 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 p 46p So 47 - 17 50. Z 'ONVAIASNN3d AJNr),00 P^G'ta to :zi Nd €- Nne Soot XtXONOHiOdd Ni d0 Y RECEIVED AUG 01 2t 1! ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2757 CIVIL TERM V. KELLY H. BINGAMAN, CIVIL ACTION - LAW IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this N` day of August, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert E. Bingaman, Jr. and Kelly H. Bingaman, shall have shared legal custody of the minor child, Drew Michael Bingaman, born May 17, 1989. 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 of 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. 2. Physical Custody. Commencing July 24, 2005, the parties shall have shared physical custody arranged on an alternating week basis, commencing with Mother. Custodial exchanges shall occur on Sundays at 8:00 p.m. Father's next custodial week shall commence July 31, 2005. 3. Interim Holiday Plan. Father shall have custody for Labor Day, Mother shall have custody for Columbus Day. These holidays shall be defined as commencing at 8:00 p.m. on the Sunday before the holiday until 8:00 p.m. on the holiday. 4. The parties shall participate in therapeutic family counseling to assist them in developing a parenting approach which will be beneficial to the child in light of the challenges he is having in school and in context of their marital separation. The therapeutic family counseling shall address the concerns with regard to the strain in the relation between Mother and the minor child. Frank DiPrima shall make the clinical determination as to which combination(s) of family members would be most beneficial with whom to work in this therapeutic context. I ? : I ? 1:1 ?-, - `,? ? 1,,,' 9' 3 NO. 05-2757 CIVIL TERM 5. A hearing is schedul In C urtroom Number of the Cumberland County Courthouse, on the day of 05, at i 3 d o'clock P? .M., at which time testimony will be taken. For the purposes of the hearing, the Mother, Kelly H. Bingaman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: Liarles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 ;A rbart Corky Goldstein, Esquire, 59 Central Boulevard, Camp Hill, PA 17011 M%1 T1 1r ? l lm7 . ROBERT E. BINGAMAN, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVP NO, 05-2757 CIVIL TERM V. CIVIL ACTION - LAW KELLY H. BINGAMAN, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT P4 IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL FOCEDUR oP e` 1915.3-8, the undersigned Custody Conciliator submits the following report: P, Scho 1. The pertinent information concerning the child who is the 1lect of thi; litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE-'T-01)y OF Drew Michael Bingaman May 15, 1989 Father •2555p8 2. Father filed a Complaint for Custody on May 26, 2005. A Kt3,y Conciliation Conference was held on July 20, 2005. Present for the Conferenc3: the Father, Robert E. Bingaman, Jr., and his counsel, Charles E. Petrie, Esquire , Kelly H. Bingaman, and her counsel, Herbert Corky Goldstein, Esquire. 3. Father's position on custody is that the child adamEne to live with Father and have 4:30 a.m.to visitaon with his very for With his Mo he- day. Father ttreports that Drew employed whom he allegedly sees as angry and critical. Father expre sf rn that, given the strain in the relationship between Drew and his Mother, if he isiaspend more time with her than he would want to while the strain is still present05y do longer-term damage to their relationship. The parties were separated on M;choofter a marriage of more than twenty years duration. Drew has been having difals having failed gym and health this past academic year. With regard to long drew intends to go to culinary school. qually in the physical custody arrangement during and then, after h sner that he should be in her custody Sunday g the each week F Y Y through Thursday each week and uc problems wi riday th o through Sunday evening. Mother expresses concern :Xpresses concern that academics and the lack of structure in the Father's hits to be sure that the Drew is left alone and that the home lacks structurfes this as a critical time homework is completed and doubts Father will ensure ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2757 CIVIL TERM V. KELLY H. BINGAMAN, Defendant CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Drew Michael Bingaman May 15, 1989 Father 2. Father filed a Complaint for Custody on May 26, 2005. A Custody Conciliation Conference was held on July 20, 2005. Present for the Conference were: the Father, Robert E. Bingaman, Jr., and his counsel, Charles E. Petrie, Esquire; the Mother, Kelly H. Bingaman, and her counsel, Herbert Corky Goldstein, Esquire. 3. Father's position on custody is that the child adamantly wants to live with Father and have visitation with his Mother. Father is employed for Shipley Energy, working 4:30 a.m. to Noon each day. Father reports that Drew is very unhappy with his Mother, whom he allegedly sees as angry and critical. Father expressed concern that, given the strain in the relationship between Drew and his Mother, if he is forced to spend more time with her than he would want to while the strain is still present, that it may do longer-term damage to their relationship. The parties were separated on March 7, 2005 after a marriage of more than twenty years duration. Drew has been having difficulty in school, having failed gym and health this past academic year. With regard to longer-term goals Drew intends to go to culinary school. 4. Mother's position on custody is that she should share equally in the physical custody arrangement during the Summer and then, after school begins, that he should be in her custody Sunday through Thursday each week and with his Father each week Friday through Sunday evening. Mother expresses concern about chronic problems with poor academics and the lack of structure in the Father's home. She expresses concern that Drew is left alone and that the home lacks structure. She wants to' be sure that the homework is completed and doubts Father will ensure this. She sees this as a critical time NO. 05-2757 CIVIL TERM for Drew because his academic performance at the end of high school will certainly impact his job and educational options after he has graduated. Mother sees Drew's decision to stay more with Father than with her as being based on the lack of responsibilities and extra freedoms afforded when he is in Father's care. There is concern about how the child is functioning in school socially as well. She believes that Drew needs counseling. While she sees Father as a loving father, she does not believe it to be in the child's best interest to be in Father's primary custody. 5. The parties agreed to an Interim Order pending hearing and that they would participate in therapeutic family counseling with Frank DiPrima. The parties request that a hearing be scheduled in the second or third week of October 2005 in order to afford them an opportunity to try the shared physi I custody arrangement and obtain feedback from the school as to how the child is fu oning in this arrange nt pn r to going to hearing. l/ Date Melissa Peel Greev Custody Conciliator :255508 ROBERT E. BINGAMAN, JR., Plaintiff VS. KELLY M. BINGAMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2757 CIVIL IN RE: CUSTODY ORDER AND NOW, this /0 day of November, 2005, the hearing in the above captioned matter set for November 23, 2005, is continued to Thursday, December 22, 2005, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. /For ph D. Caraciola, Esquire the Plaintiff erbert Goldstein, Esquire For the Defendant ,gym y BY THE COURT, ON ?u 0). ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-2757 CIVIL KELLY M. BINGAMAN, Defendant IN RE: CUSTODY ORDER AND NOW, this Z-9' day of November, 2005, the hearing in the above captioned matter set for December 22, 2005, is continued to Friday, March 3, 2006, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Xeph D. Caraciola, Esquire For the Plaintiff ,,4Ierbert Goldstein, Esquire For the Defendant Am ? 6e G = _ ??'- ?v > > .,. :; u Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ROBERT E. BINGAMAN, JR., Plaintiff/Respondent V. KELLY H. BINGAMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2757 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR CONTEMPT OF INTERIM ORDER OF COURT 1. The Petitioner (mother) is Kelly H. Bingaman residing at 2250 Canterbury Dr., Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent (Father) is Robert E. Bingaman, Jr. residing at 711 Breezewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On August 4, 2005 this Honorable Court issued an Interim Order of Court. A copy of the Order is attached as exhibit A. 4. The Order set forth a custody arrangement and schedule for the parties minor child, Drew Michael Bingaman, born April 17, 1989. 5. The Order granted the parents joint legal custody and shared physical custody with the parents alternating weeks with their son. Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ROBERT E. BINGAMAN, JR., Plaintiff/Petitioner V. KELLY H. BINGAMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2757 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR CONTEMPT OF INTERIM ORDER OF COURT 1. The Petitioner (mother) is Kelly H. Bingaman residing at 2250 Canterbury Dr., Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent (Father) is Robert E. Bingaman, Jr. residing at 711 Breezewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On August 4, 2005 this Honorable Court issued an Interim Order of Court. A copy of the Order is attached as exhibit A. 4. The Order set forth a custody arrangement and schedule for the parties minor child, Drew Michael Bingaman, born April 17, 1989. 5. The Order granted the parents joint legal custody and shared physical custody with the parents alternating weeks with their son. 6. The order also required therapeutic family counseling with Frank DiPrima. 7. Initially this Court's Order was followed by Father, but over the past three months Mother has not been having the child for her periods of custody. 8. Father has allowed the child to determine were he will live and has refused to encourage and/or require the child to alternate weeks with each parent. 9. Father has taken the child's cell phone thereby denying Mother telephone access to the child. 10. Father has failed to take the child to scheduled dentist appointments during his weeks of custody and has prevented Mother from taking the child to appointments at anytime. 11. The child's school performance has deteriorated. 12. Father has been refusing to participate in the Court Ordered therapy. WHEREFORE, Mother requests that this honorable court find Father in contempt of the August 4, 2005 Interim Order of Court and require him to comply with the Order, allow Mother make-up time, sanction him, assess him Mother's reasonable attorney fees and costs and any other remedy as determined appropriate by the Court. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Kelly H. Bingaman, hereby certify that the foregoing PETITION FOR CONTEMPT OF INTERIM ORDER OF COURT is 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. Section 4904 relating to unsworn falsification to authorities. DATED: 11i,otc to ?? /y. Kelly H Bingaman 3 RECEIVED AUu 01 2005 ROBERT F. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2757 CIVIL TERM V. CIVIL ACTION - LAW KELLY H. BINGAMAN, IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this -AL day of August, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: Le ai Custody. The parties, Robert E. Bingaman, Jr. and Kelly H. Bingaman; shall have shared legal custody of the minor child, Drew Michael Bingaman, born May 17, 1989- 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 of 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. 2. Physical Custody. Commencing July 24, 2005, the parties shall have shared physical custody arranged on an alternating week basis, commencing with Mother. Custodial exchanges shall occur on Sundays at 8:00 p.m. Father's next custodial week shall commence July 31, 2005. 3. Interim Holiday Plan. Father shall have custody for Labor Day, Mother shall have custody for Columbus Day. These holidays, shall be defined as commencing at 8:00 p.m. on the Sunday before the holiday until 8:00 p.m. on the holiday. 4. The parties shall participate in therapeutic family counseling to assist them in developing a parenting approach which will be beneficial to the child in light of the challenges he is having in school and in context of their marital separation. The therapeutic family counseling shall address the concerns with regard to the strain in the relation between Mother and the minor child. Frank DiPrima shall make the clinical determination as to which combination(s) of family members would be most beneficial with whom to work in this therapeutic context. gXHIBIT A AAA ? NO. 05-2757 CIVIL TERM 5. A hearing i$ schedule =11005, room Number of the Cumberland County Courthouse, on the a day of at ZE o'clock E,M., at which tinge testimony will be taken. For the purposes of the hearing, the Mother, Kelly H. Bingaman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: LS Dist C6artes E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 i ierbert Corky Goldstein, Esquire, 59 Central Boulevard, Carnp Hill, PA 17011 TRUE COPY FROM RECORD In Testimony wh reof, I here nto set my Nod and the seal of qid Cgjrt Jarlisle, Pa. ',4 `- " i O C RII=t m ? r - c c 1J C5? c.n O p 7 -„1 ROBERT E. BINGAMAN, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2757 CIVILACTIONLAW KELLY H. BINGAMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, March 23, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Cam Hill, PA 17011 on Friday, April 28, 2006 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to 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/ Melissa P, Greeyyr Esq;_._ CustodyConciliator Yly 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 heating. 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 ?,,,,. ,?±t,; .: 7J Cz° ?:- ? ? ? i .?? Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ROBERT E. BINGAMAN, JR., Plaintiff/Respondent V. KELLY H. BINGAMAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2757 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR CONTEMPT OF INTERIM ORDER OF COURT 1. The Petitioner (mother) is Kelly H. Bingaman residing at 2250 Canterbury Dr., Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent {Father) is Robert E. Bingaman, Jr. residing at 711 Breezewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On August 4, 2005 this Honorable Court issued an Interim Order of Court. A copy of the Order is attached as exhibit A. 4. The Order set forth a custody arrangement and schedule for the parties minor child, Drew Michael Bingaman, born April 17, 1989. 5. The Order granted the parents joint legal custody and shared physical custody with the parents alternating weeks with their son. Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ROBERT E. BINGAMAN, JR., Plaintiff/Petitioner V. KELLY H. BINGAMAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2757 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION PETITION FOR CONTEMPT OF INTERIM ORDER OF COURT 1. The Petitioner (mother) is Kelly H. Bingaman residing at 2250 Canterbury Dr., Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent (Father) is Robert E. Bingaman, Jr. residing at 711 Breezewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On August 4, 2005 this Honorable Court issued an Interim Order of Court. A copy of the Order is attached as exhibit A. 4. The Order set forth a custody arrangement and schedule for the parties minor child, Drew Michael Bingaman, born April 17, 1989. 5. The Order granted the parents joint legal custody and shared physical custody with the parents alternating weeks with their son. 6. The Order also required therapeutic family counseling with Frank DiPrima. 7. Initially this Court's Order was followed by Father, but over the past three months Mother has not been having the child for her periods of custody. 8. Father has allowed the child to determine were he will live and has refused to encourage and/or require the child to alternate weeks with each parent. 9. Father has taken the child's cell phone thereby denying Mother telephone access to the child. 10. Father has failed to take the child to scheduled dentist appointments during his weeks of custody and has prevented Mother from taking the child to appointments at anytime. 11. The child's school performance has deteriorated. 12. Father has been refusing to participate in the Court Ordered therapy. WHEREFORE, Mother requests that this honorable court find Father in contempt of the August 4, 2005 Interim Order of Court and require him to comply with the Order, allow Mother make-up time, sanction him, assess him Mother's reasonable attorney fees and costs and any other remedy as determined appropriate by the Court. Respectfully submitted, Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Kelly H. Bingaman, hereby certify that the foregoing PETITION FOR CONTEMPT OF INTERIM ORDER OF COURT is 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. Section 4904 relating to unsworn falsification to authorities. DATED : //I, "I D AS L4 A [ ] AQQn J*- I liKell-y H Bingaman 3 RECEIVED AT05 01 7005 N ROBERT E. BINGAMAN, JR., Plaintiff v. NO. 05-2757 CIVIL TERM KELLY H. BINGAMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY Defendant INTERIM ORDER OF COURT AND NOW, this __A__-_ day of August, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 41. Legal CustGdY. The parties, Robert E. Bingaman, Jr. and Kelly H. Bingaman, shall have shared legal custody of the minor child, Drew Michael Bingaman, born May 17, 1989. 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 of 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. 2. Ph\Lsical Custody. Commencing July 24, 2005, the parties shall have shared physical custody arranged on an alternating week basis, commencing with Mother. Custodial exchanges shall occur on Sundays at 8:00 p.m. Father's next custodial week shall commence July 31, 2005. 3. Interim Holiday Plan. Father shall have custody for Labor Day, Mother shall' have custody for Columbus Day. These holidays shall be defined as commencing at 8:00 p.m. on the Sunday before the holiday until 8:00 p.m. on the holiday. 4. The parties shall participate in therapeutic family counseling to assist them in developing a parenting approach which will be beneficial to the child in light of the challenges he is having in school and in context of their marital separation. The therapeutic family counseling shall address the concerns with regard to the strain in the relation between Mother and the minor child. Frank DiPrima shall make the clinical determination as to which combination(s) of family members would be most beneficial with whom to work in this therapeutic context. NO. 05-2757 CIVIL TERM 5. A hearing, i$ schedule in C y room Number 1 of the Cumberland County Courthouse, on the - day of e n ,'2005, at L' - o'clock P. M., at which time testimony will be taken. For the purposes of the hearing; the Mother, KelIv N; Bingaman, shall be deemed to be the moving party and shall proceed initially,with' testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: J. Disc Charles E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 Herbert Corky Goldstein, Esquire, 59 Central Boulevard, Camp Hill, PA 17011 CJ ?? n T ' S? ?I ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-2757 CIVIL KELLY M. BINGAMAN, Defendant IN RE: CUSTODY ORDER AND NOW, this 3'0 day of April, 2006, the hearing in the above captioned matter set for April 27, 2006, is continued to Thursday, May 25, 2006, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, '44 , Kevin /i. Hess, J. /seph D. Caraciola, Esquire For the Plaintiff ?"""omas Gould, Esquire For the Defendant Am L otp ©0) ! ? ?' :? ,?, Au` _` ,lil .!v "-?-,? _.. _ _ li_ +'r? RECEIVED MAY 16 2006 OF A ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2757 CIVIL TERM V. KELLY H. BINGAMAN, CIVIL ACTION - LAW IN CUSTODY Defendant HESS, J.--- ORDER OF COURT AND NOW, this /-?' day of May, 2006, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: Father shall be responsible to take the child to appointments for medical care. 2. Father shall obtain a copy of the report card and provide it to counsel no later than April 27, 2006. 3. While the Order of August 5, 2005 provides for shared physical custody of the minor child, due to the present circumstances, the parties have agreed to undertake a course of regular therapeutic intervention prior to resuming the schedule provided therein. 4. Mother and son shall participate in therapeutic family counseling to address the significant strain in the relationship between the two of them. Mother shall make contact to schedule the appointment no later than April 26, 2006. Father shall cooperate and support this therapeutic endeavor by directing the son to attend the appointment and transporting him to the appointments. Additionally, if so requested by the therapist, Father shall participate in the therapeutic intervention. 5. Lucy Johnston-Walsh of The Dickinson School of Law Family Law Clinic of the Pennsylvania State University shall be appointed to serve as guardian ad litem for the minor child. ? •» 1110 6. A hearing is scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the 25`" day of May, 2006, at .Adel. , at which time testimony will be taken. For the purposes of the hearing, the Mother, Kelly H. Bingaman, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, the parties pro se, and the guardian ad litem shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are ??il?1'v411},?f??,d?rJ L C -I I WV 91 W4 90OZ AUV ON-C- iCH""d 3-RL ?o ,w ' NO. 05-2757 CIVIL TERM expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: ?J wil C,? A. Hess, J. Dist: Thomas D. Gould, Esquire, 2 East Main Street, Shiremanstown, PA 17011 Joseph D. Caraciola, Esquire, 112 Market Street, a Floor, Harrisburg, PA Lucille J. Johnston-Walsh, Esq., 45 N. Pitt Street, Carlisle, PA 17013 0 RECEIVED MAY 16 2006 ROBERT E. BINGAMAN, JR., Plaintiff V. KELLY H. BINGAMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.05-2757 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Drew Michael Bingaman May 15, 1989 Father and Mother 2. A Custody Conciliation Conference was scheduled for April 21, 2006 as a result of Mother's filing of a Petition for Contempt of Interim Order on March 16, 2006. Present for the Conference were: the Father, Robert E. Bingaman, Jr., and his counsel, Joseph D. Caraciola, Esquire; the Mother, Kelly H. Bingaman, and her counsel, Thomas D. Gould, Esquire. 3. Mother's position on custody is as follows: Mother reports that, despite the Order of August 4, 2005, Father has not been sharing physical custody since approximately November 2005. She complains that there has been limited phone contact, that the child's school performance has declined, that IEP meetings have been held and decisions made without her consent, and that the child has not been receiving adequate dental care. She reports that the child's dental situation is so severe that the dentist made a referral to Cumberland County Social Services for Children and Youth. Mother's primary concern is that she alleges to have been denied contact for five (5) months. She expresses concern that Father's actions and words regarding Mother will make it less likely that the child and Mother are able to reconcile their differences. She is particularly disappointed in what she views as Father's lack of support for her because she claims that she was extremely supportive of the child having a continued relationship with his Father even after Father abandoned the family for a new girlfriend. Mother acknowledges that there is significant strain between both herself and Father and between herself and the child. She further acknowledges that perhaps the most healthy setting in which she can begin to address the strain in her relationship with the child is a therapeutic one. Because she is not having a L C : I I HV 81 04 9001 I?ViGNG?I?O:??d ?H1 ?G S NO. 05-2757 CIVIL TERM sense that the previous therapist, Frank DePrima, is able to be neutral, she is asking to have the Court order a new therapist to become involved with she and the child. 4. Father's position on custody is as follows: Father claims that the child was scratched by Mother in a physical altercation which occurred in October of 2005. He acknowledges that he is not forcing the child to comply with the schedule and the Order. He did not file a Police Report, and did not file a Petition to Modify the Interim Order as the child did not need medical treatment following this altercation. No PFA has been filed and no Children and Youth Report regarding this altercation was made. Father reports that Mother did not attend the IEP meeting from which she claims she was excluded. However, Father believes that Mother was aware of the meeting and did not attend. There has also been an altercation between Father and Mother for which Mother's bail conditions were that the two of them not communicate or have contact with each other. However, Father is of the opinion that he would be agreeable to appropriate civil contact between the two of them related only to Drew's well being. At the conference, Father agreed to be supportive of the child participating in therapeutic family counseling with Mother by requiring him to attend and transporting him to appointments. Father also agreed to participate in the therapy, if the therapist thought it would be clinically indicated to do so. Father also agreed to continue to take Drew to the dentist for his care. Father reports that he has had no dental care in the last month but has had one filling this year. In addition, he has an appointment scheduled for May 30, 2006. He apparently needs fillings and a root canal. Father denies that there are any past-due dental bills. He is continuing to take the child to the same dentist the family had used previously. With regard to telephone contact, Father reports that the child's cell phone was disconnected because the bill was not paid. He also acknowledges that he changed the telephone number on his cell phone. He reports that Mother could use the walkie-talkie feature on their cell phones. With regard to Mother's complaint that she did not receive copies of the report card, Father reports that the child has not brought the report card home. Father is of the opinion that Drew will only listen to a judge with regard to the requirement that he continue a relationship with his Mother. Father reports that he has been letting the parties' son decide whether he sees Mother because he believes the child will run away if Father forces the issue. 5. Unfortunately, for this child, this is a very high conflict family circumstance and one that has been chronically stressful for quite some time. Under the circumstances, it is the Conciliator's opinion that therapeutic intervention is critical and that the child should have a guardian ad litem appointed through the Dickinson School of Law Family Law Clinic. NO. 05-2757 CIVIL TERM The Conciliator provided a list of mental health professionals to the attorneys. The professionals identified are believed to have experience with high-conflict families and/or with adolescents. - bate ate , & 1 '47", Melissa Peel Greevy, Esquire Custody Conciliator :274441 ROBERT E. BINGAMAN, JR., Plaintiff V. NO. 05-2757 CIVIL TERM KELLY H. BINGAMAN, Defendant 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 Drew Michael Bingaman May 15, 1989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY CURRENTLY IN THE CUSTODY OF Father and Mother 2. A Custody Conciliation Conference was scheduled for April 21, 2006 as a result of Mother's filing of a Petition for Contempt of Interim Order on March 16, 2006. Present for the Conference were: the Father, Robert E. Bingaman, Jr., and his counsel, Joseph D. Caraciola, Esquire; the Mother, Kelly H. Bingaman, and her counsel, Thomas D. Gould, Esquire. 3. Mother's position on custody is as follows: Mother reports that, despite the Order of August 4, 2005, Father has not been sharing physical custody since approximately November 2005. She complains that there has been limited phone contact, that the child's school performance has declined, that IEP meetings have been held and decisions made without her consent, and that the child has not been receiving adequate dental care. She reports that the child's dental situation is so severe that the dentist made a referral to Cumberland County Social Services for Children and Youth. Mother's primary concern is that she alleges to have been denied contact for five (5) months. She expresses concern that Father's actions and words regarding Mother will make it less likely that the child and Mother are able to reconcile their differences. She is particularly disappointed in what she views as Father's lack of support for her because she claims that she was extremely supportive of the child having a continued relationship with his Father even after Father abandoned the family for a new girlfriend. Mother acknowledges that there is significant strain between both herself and Father and between herself and the child. She further acknowledges that perhaps the most healthy setting in which she can begin to address the strain in her relationship with the child is a therapeutic one. Because she is not having a I VI Nr,,"10,;SN 7d 11\l( - ,- ,r6'4('? es :I I WV B 1 Ow 9991 dh?1Ci?UH C' a :3Hl ?o ??' i4-1-{7:fi, NO. 05-2757 CIVIL TERM sense that the previous therapist, Frank DePrima, is able to be neutral, she is asking to have the Court order a new therapist to become involved with she and the child. 4. Father's position on custody is as follows: Father claims that the child was scratched by Mother in a physical altercation which occurred in October of 2005. He acknowledges that he is not forcing the child to comply with the schedule and the Order. He did not file a Police Report, and did not file a Petition to Modify the Interim Order as the child did not need medical treatment following this altercation. No PFA has been filed and no Children and Youth Report regarding this altercation was made. Father reports that Mother did not attend the IEP meeting from which she claims she was excluded. However, Father believes that Mother was aware of the meeting and did not attend. There has also been an altercation between Father and Mother for which Mother's bail conditions were that the two of them not communicate or have contact with each other. However, Father is of the opinion that he would be agreeable to appropriate civil contact between the two of them related only to Drew's well being. At the conference, Father agreed to be supportive of the child participating in therapeutic family counseling with Mother by requiring him to attend and transporting him to appointments. Father also agreed to participate in the therapy, if the therapist thought it would be clinically indicated to do so. Father also agreed to continue to take Drew to the dentist for his care. Father reports that he has had no dental care in the last month but has had one filling this year. In addition, he has an appointment scheduled for May 30, 2006. He apparently needs fillings and a root canal. Father denies that there are any past-due dental bills. He is continuing to take the child to the same dentist the family had used previously. With regard to telephone contact, Father reports that the child's cell phone was disconnected because the bill was not paid. He also acknowledges that he changed the telephone number on his cell phone. He reports that Mother could use the walkie-talkie feature on their cell phones. With regard to Mother's complaint that she did not receive copies of the report card, Father reports that the child has not brought the report card home. Father is of the opinion that Drew will only listen to a judge with regard to the requirement that he continue a relationship with his Mother. Father reports that he has been letting the parties' son decide whether he sees Mother because he believes the child will run away if Father forces the issue. 5. Unfortunately, for this child, this is a very high conflict family circumstance and one that has been chronically stressful for quite some time. Under the circumstances, it is the Conciliator's opinion that therapeutic intervention is critical and that the child should have a guardian ad litem appointed through the Dickinson School of Law Family Law Clinic. I/ NO. 05-2757 CIVIL TERM The Conciliator provided a list of mental health professionals to the attorneys. The professionals identified are believed to have experience with high-conflict families and/or with adolescents. d ate Melissa Peel Greevy, Esquire Custody Conciliator :274441 ROBERT E. BINGAMAN, JR., IN THE COURT F COMMON PLEAS OF Plaintiff CUMBERLAND CO NTY, PENNSYLVANIA V. KELLY M. BINGAMAN, CIVIL ACTION LAW Defendant NO. 05-2757 C VIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 25th day of May, 2 conference with counsel in chambers, upon parties as announced in open court and in the order of August the 4th, 2005, is rati specifically including the provisions of P which gives to each parent an equal right 306, following greement of the heir presence, ied and confirmed ragraph 1 thereof t make all major non-emergency decisions affecting the child's general well-being including decisions having to do with health, education, and religion, and further provid ng that each parent shall be entitled to all records and information pertaining to the child, and to the extent t at one parent has possession of any such records or inform tion, that parent is required to share the same with th other parent. It being apparent that the week on week off custody provision of the August order is cur ently not being implemented, said week on/week off provision of the order is temporarily suspended. The parties are directed to coopera e in scheduling and attending counseling sessions o be conducted ,Q h) 4 © caa 7 N ?) I I . no less than once a week with an eye to r?suming meaningful regular contacts/custody between mother a d son, and the parties are directed in this regard to fo low the recommendations of the counselor. Given the fact that the father is not in compliance with our order of August 9th, 1005, he is cited in contempt. Adjudication is deferred onlthe condition that the father, Plaintiff, comply with the pr visions of this order, and in default thereof an adjudica ion hearing to be scheduled on the request of the mother, D fendant. In the event that the matter is not relisted for hearing prior to April 17th, 2007, the pending contempt citation will be dismissed without further order of court. By the Court, Kevin V- "seph D. Caraciola, Esqui For the Plaintiff ,JKomas Gould, Esquire For the Defendant lfh J ss, r? ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-2757 CIVIL KELLY M. BINGAMAN, Defendant ORDER AND NOW, this 79'` day of June, 2006, the appointment of Lucy Johnston-Walsh, Esquire, as guardian ad litem of the minor child in the above captioned case is VACATED. BY THE COURT, /seph D. Caraciola, Esquire For the Plaintiff 'homas Gould, Esquire For the Defendant L,kGcy Johnston-Walsh, Esquire Am J ul? 64L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW ROBERT E. BINGAMAN, JR., : No. 05-2757 Civil Term Plaintiff VS. : Civil Action - Law KELLY H. BINGAMAN, Defendant : In Divorce/Custody PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this day of November, 2006, comes the defendant Kelly H. Bingaman, by and through her attorney, Douglas R. Goldhaber, Esquire, and files this Petition for Civil Contempt for Disobedience of a Custody Order, and in support thereof avers as follows: 1. That the Plaintiff and the Defendant are the natural parents of Drew Michael Bingaman, born April 17, 1989. 2. That on the 25th day of May, 2006, this Honorable Court entered an Order directing the parties to cooperate in the scheduling and attending of counseling sessions to be conducted no less than once a week with an eye to resuming meaningful contacts/custody between mother and son. See attached Exhibit "A." 3. The May 25th, 2006, Order further stated that "the parties are directed in this regard to follow the recommendations of the counselor." 4. That since the entry of the May 25th, 2006, Order, until October 6th, 2006, the Defendant has been denied any contact and custody of the minor child Drew M. Bingaman, even though a schedule of contact between Drew and his mother had been recommended on multiple occasions. See attached Exhibit "B," "C," and "D." 5. Dr. Robert M. Stein issued a recommendation on October 6th, 2006, stating that Drew is to meet with his mother for a minimum of three (3) times per week and a minimum of two (2) hours per visit, and that the visits are to occur on Saturdays, Mondays and Wednesdays. 6. On Friday, October 6th, 2006, undersigned counsel and Attorney Joseph Caraciolo agreed that the minor child Drew would call his mother, the Defendant that evening and that his visit with her would occur on Saturday, October 7th, 2006, between the hours of 2:00 o'clock p.m. and 6:00 o'clock p.m. 7. Drew never called his mother the Defendant on Friday, October 6th, 2006. 8. On Saturday, October 7th, 2006, Drew never showed up between the hours of 2:00 o'clock p.m. and 6:00 o'clock p.m. Drew did not show up until late in the evening and failed to stay for the entire two (2) hour visit recommended by Dr. Stein. 9. On Monday, October 9th, 2006, Drew once again showed up for the visit and failed to stay for the entire two (2) hour visit. 10. On Wednesday, October 11 th, 2006, Drew failed to show up for the visit recommended by Dr. Stein. 11. On October 21, 2006, Dr. Stein, due to Plaintiffs continuing refusal to comply with the Custody Order, issued a recommendation dated October 21, 2006, providing for the minor child Drew to contact his mother the Defendant by 5:00 p.m. the day before his visits on Mondays, Wednesdays, and that the visits be increased to three (3) hours on each occasion to accelerate the development of a positive relationship between Drew and his mother Kelly. 12. The plaintiff has willfully, knowingly and voluntarily refused to and failed to abide by the Order of this Honorable or the recommendations of Dr. Stein. 13. Furthermore, the Plaintiff has denied the Defendant any telephonic access to the minor child Drew. The minor child has a cellular telephone, but the Defendant is being denied this telephone number as well. 14. The Plaintiff fails to fully keep the Defendant apprised regarding any medical problems with Drew as well as failing to fully apprise the Defendant regarding Drew's school performance. 15. That Plaintiff has willfully failed to abide by said Order and encourages the minor child Drew to refrain from any contact with his mother. 16. The Plaintiff refuses to participate in and attend counseling sessions and encourages the minor child Drew to not participate. 17. The malicious and willful actions of the Plaintiff are irretrievably and adversely and detrimentally effecting the relationship between Drew and his mother. WHEREFORE, the Defendant, Kelly H. Bingaman, respectfully requests this Honorable Court to hold the Plaintiff, Robert E. Bingaman, Jr., in contempt of Court; award cost and counsel fees to Defendant; and enter any other Order to ensure the Plaintiff s compliance with future Orders of Court. 11-lb -0(-o Date I /-L cZdt Date AA r6o K ly . Bing am Mugla . Goldhaber, Atto v for Defendant Pa. ID 72174 4311 N. Sixth St. Harrisburg, PA 17110 717.221.9500 I verify that the statements made in this Motion 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 unsworn falsification to authorities. /-16-0 Date -V /7 ZI %.*d tl K *y. kBi n(gama IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW ROBERT E. BINGAMAN, JR., : No. 05-2757 Civil Term Plaintiff VS. : Civil Action - Law KELLY H. BINGAMAN, Defendant : In Divorce/Custody CERTIFICATE OF SERVICE OF CONTEMPT PETITION 1, Douglas R. Goldhaber, Esquire, Attorney for the Defendant Kelly H. Bingaman in the above-captioned matter, do hereby certify that a true and correct copy of the Custody Contempt Petition was served by first class mail on the Plaintiff s attorney on November 1 -4' , 2006, as follows: Joseph D. Caraciolo, Esquire Foreman & Foreman, P.C. 112 Market St., 6th Flr. Vet. Bldg. Harrisburg, PA 17101 uglas R. Goldhaber, Attorney for Defendant Pa. ID 72174 4311 N. Sixth St. Harrisburg, PA 17110 717.221.9500 09/01/2006 15:03 7175060332 ROBERT E.'BINGAMANO, JR., : IN THE COURT F COMMON PLEAS OF Plaintiff CUMBERLAND C NTY, PENNSYLVANIA V. KELLY M. BINGAMAN, CIVIL ACTION LAW Defendant NO. 05-2757 C VIL TERM PAGE 01/03 IN RE: CUSTODY ORDER OF COURT AND NCO, this 25th day of May, 2 06, following .r conference with counsel in chambers, upon greement of the parties as announced in open court and in eir presence, the order of August the 4th, 2005, is rati led and_..confirmed specifically including the provisions of P agraph I thereof which gives to each patent an equal right t make all major non-emergency decisions affecting the child s general well-being including decisions having to do with health, education-,-and religion, and further provid ng that each parent shall be entitled to all records and information pertaining to the child, and to the extent at one parent has possession of any such records or inform tion, that parent is required to share the same with th other parent. xt being apparent that the week on week off custody provision of the August order is cur ently not being implemented, said week on/week.o.ff provision of the order is temporarily suspended. The parties are directed to coopers a in scheduling and attending counseling sessions o be conducted E,. Q 09/01/2006 16:09 7175060332 PAGE 02/03 no less than once a week with an eye to r suming meaningful regular contacts/custody between mother aid son, and the parties are directed in this regard to fo low the recommendations of the counselor. Giver. the fact that the father is not in compliance with our Order-of August 9th, ; in contempt. Adjudication is deferred on the father, Plaintiff, comply with the pry order, and in default thereof an adjudica, scheduled on the request of the mother;' D event that the matter is not relisted for April 17th, 2007, the pending contempt ci, dismissed without further order of court. By the Count, Kevin H t/°°seph D. Caraciola, E For the Plaintiff Xiomas Gould, Esquire For the Defendant :lfh 4 005, he is cited the condition that visions of this ion hearing to be fendant. In the hearing prior to tion will be ss, J. A?r o? 717 931 2026 717 SEP-19-2006 11:28 ?? Center for Neurobehavioral Healtth.9 Dd. ?? Regawy Emeadve OROM 2173 Ewbmq Drive Suite 366 L,ancasttr, Pennsytvw a 17603 (717) 3924f161 cNor d Neurnparyeboksh& L.i #MM Psrchok*fis Neurorehabaumig" spec tis& August 9, 2006 Bryan S. Walk, Esq. 114 W. Chocolate Ave. Hershey, PA 17033 Re: Kelly Bingaman Dear Mr. Walk: Cysakia Sodki-691904 Ph. D. Ro"n M. Stein, A.D. Michelle M. Menasser4 M.S. This letter is in regard to visitation between Kelly Bingaman and her son Drew, age 17. There has berm considerable discord receatly between Kelly and Thew, so it will be important for any interaction to be cordial. It will be beneficial to start slowly at first and increase hours over time, perhaps with one hour visits to start. I am hopeful that Kelly and Drew can develop a positive relationship over time. Please feel free to call if you have any questions. Thank you. Sincerely, ?7 Robert M. Stein, Ph.D. Clinical Neuropsychohogist Licensed psychologist cc. Kelly Bingaman Lammsrer PAX (717) 431-2014 ` CaxV Mlle, PewaybWAk (717) 737--3356 ? Camp MU FAX (717) 7.37-.4880 Ek 6 SEP-19-2006 11:28 717 431 2026 717 431 2026 P.003 Center for Neurobehavioral Heakh, Ltd. Regency EmwmWvr orka 2173 Embavsy Drive Suite 3" Lancader, Pennsylvania 17603 (717) 392-6(161 Clinical NewropsyclboksiW Licensed Psyckol wha Neuromhabafta on Spec" m Cyntkia Socka-Gelau4 Ph.D. Robert M. Rein, PALL) Mlck6l4 M. Ma mseri, M.S. August 25, 2006 Bryan S. Walk Esq. 114 W. Chocolate Ave. Hershey, PA 17033 Re: Kelly Singaman Dear Mr. Walk: This letter is in regard to visitation between. Kelly Bingaman and her son Drew, age 17. This is in addition to my letter of 8/9/06. As before, them continues to be considerable discord between Kelly and Drew. It remains essential that any interaction be cordial. In my letter of 8/9/06 1 re+coznmdxicd one hour visits to start. To be mom specific, these visits should take place weekly doming late afte moon or early evening, when Drew is out of school. I am hopeful that such visits will increase in length over time and brew can develop a consistent positive relationship with his mother. Please feel five to can if you have any questions. Thank you. Sincerely, Robert M. Stein, Ph.D. Clinical Nearopsychologist Licensed Psychologist "uwaaurr FAX (717) 4312014 400, C"V Rig Ptewwsyim m a (717) 737-3356 f Gmw Hit[ FAX (717) 73 7.9880 TOTAL P.003 r k,- X /? ` , '9-2nas 12 - 00 717 431 ZU26 w, ftawy Exwm*r offlees 2273 E Drift Same 3" Lame eater, Pewuybunia 17603 (717) 392-"61 VCWVpaYdWAOg" CpM Sadw-Gem P1wD L Cif psychah Ram Af SW4 P&D. n?reawv hskWAidm ,code km Affebeffe At Aim U.S. September 29, 2006 Re: Kelly mW Drew Stagaman To Whom D May Concern: This letter is m regard to visitation between Kelly and he son Drew, age 17. This sopercedes die bars of 919M and 8/25106. As the carrew timei no visimflon is occurring bemseen Drew and Kelly. It is wWamtood that Drew torns 18 in AprIl 2007. It would be beneficial for Kelly and Drew to re-establish a cordial reiatianship in the coming months. To this said,, frequent contact between Kclly and Drew w? uld be desirable:. It is wWestood that tha9e must be cordial and cooperative interactions. While I had recommended once per week visits to steam, these have not happened and that is limited time for such a relaboffihip to be established. At this time Y am rec o?unnending visits afla school or on weekends for a minimum of three times per week, for a minimum of two hours for each visit. Please feel rue to can if there are any questions. Thank you. Sincxtely, Robert M Stain, Ph.D. Chiral Nesychologist Licensed Psychologist l ancssa? 1 AX (7l7) 431-2874 p g Pee AO*& a (717) 737-,3356 C4eSP ME FAX (717) 737-9M TOTAL P.002 C x ?). UU'I'-G1-"Lt1Ub I Z : V.0, -f 1'f 4:31 lVZO r 1 ! Y01 LV64 r. VVG Center for Neurobehavioral Health Ltd. ?? 2173 Embassy Ddve She 366 Lnnca ter, Au- -?lrnnis 17603 (717) 3924"1 crnka :v Trrops *,- iQgkds Onds is Suers-(.cam Ph.& X.icursad 1:r vcboi ms's Reber! M. Stem, ,PIG.D NaarmPrh64-k lrt *-- a : ;wciWTh* Mr'cAw& M. Alaxanur4 M.S. October 21, 2006 Re: I:Aly and Drew Biogaman To -Wiom It May Concern: Th:.a ktter is in regard to ongoing issues with visitation between Drew and Kelly Bi:• ;imam. Th.- It .t letter specified that visits were to be two hours in length and were to occur three tin .s -net week. The visits were to be . By Kelly's report, the visits thus far have bcw, i cordial. However, Drew has left Kell s home after approximately 1.5 hours, and has m;;;sed visits. Th. p.rrpose of the last letter, asking for increased visits, was to hopefully aca:lerate the der. Ac.-meat of a positive relational ip between Drew and Kelly. h was emphrisized that the ineraction was to be positive and cordial. As in the previous lettM Drew would be un. cr lto obligation to stay if the interaction became abusive. , W: . h ,. ime an issue (Drew turns 1$ in about 6 months), we would like to enstmr that visits oo: it and Drew and Kelly have ample time to spend together. At this point I would su;: ;c.:1 that Drew covWt Kelly by 5:00 PM the day before a visit to inform ba wben he wi . b:.: visiting with her. I would additionally suggest that visits be increased 1* 3 howl eac i cimasion, again to accelerate the development of a positive relationship between Dr-.'W send his mother Ke11y. If these measures arc not effective then I would suggest fix, -d :°mes fer three days per week, for a total of nine hours, for visitation. Ple:: ESL feel free to contact me if you have any further questions. Thank you. Sil • . ,ly, RC- pert M. Stein, IG. CFucA Neuropsychologist Li,:- m.;ed Psychologist I akttEFAX C- tr 431 -2014 f Canop Ifig Pemmytvania (717) 737-3356 4W CMW M11 AAX (717) 737-9880 TOTAL P.002 1 C -E ROBERT E. BINGAMAN, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2757 CIVIL ACTION LAW KELLY H. BINGAMAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, November 28, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, January 05, 2007 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to 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/ Melissa P. Greets Esq. 01 b 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 W1 • 1 old 1- 330 9OOZ % SAN 18 W, 441 ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2757 CIVIL TERM V. CIVIL ACTION - LAW KELLY H. BINGAMAN, IN CUSTODY Defendant ORDER OF COURT AND NOW, this L y" day of January, 2007, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Effective January 8, 2007, Mother shall have partial custody arranged as follows: A. Mondays from 5:00 p.m. until 8:00 p.m. B. Wednesdays from 5:00 p.m. until 8:00 p.m. C. Saturdays from 5:00 p.m. until Sunday at 2:00 p.m. The period of partial custody to occur on January 17, 2007 will occur on January 16, 2007 in order to accommodate Mother's surgical schedule. 2. The schedule in this Order shall supersede the requirement of the May 25, 2006 Order directing the parties to follow the recommendations of the counselor as to the schedule. 3. A hearing on Mother's allegations of contempt since May 25, 2006 and on adjudication on the finding of contempt in the May 25, 2006 Order shall be held in Courtroom Number 4 of the Cumberland County Courthouse, on the and day of YYl , 2007, at 30 o'clock A M., at which time testimony will be taken. For f he purposes of the hearing, the Mother, Kelly H. Bingaman, shall be deemed to be the moving party and shall proceed initially with testimony. It shall be Mother's burden to prove the allegations of contempt as against Father subsequent to May 25, 2006. BY THE COURT: evin A. Hess, J. Dist: Joseph D. Caraciolo, Esquire, 112 Market Street m Floor, Veterans Bldg, Harrisburg, PA 17101 Douglas R. Goldhaber, Esquire, 4311 N. Sixth S reet, Harrisburg, PA 17110 I-?s?o7 4Z =tW 4 t? Z 4r LUZ a ROBERT E. BINGAMAN, JR., Plaintiff V. KELLY H. BINGAMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2757 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 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 THE CUSTODY OF Drew Michael Bingaman April 17, 1989 Father 2. Mother filed a Petition for civil contempt for disobedience of a Custody Order on November 17, 2006. A Custody Conciliation Conference was held on January 5, 2007. Present for the Conference were: the Father, Robert E. Bingaman, Jr., and his counsel, Joseph Caraciolo, Esquire; the Mother, Kelly H. Bingaman, and her counsel, Douglas R. Goldhaber, Esquire. 3. In Mother's Petition for contempt she reports that there has been a denial of telephone contact with the child. She also alleges that there was no contact between May 25, 2006 and October 6, 2006. On some occasions, Mother reports that the child came late or did not stay the entire time recommended by Dr. Stein. Mother claims that there has been a lack of disclosure of medical and educational information and alleges that Father encourages the child not to be in contact with Mother. Her Petition seeks finding of contempt, fees and costs, and an Order to ensure compliance. 4. Father's position on Mother's Petition is that because the child is 17, it is difficult for either of them to control him and force him to stay for the periods of custody with his mother. Father also points out that there have been improvements in the frequency and duration of contact since they have begun to work with Dr. Stein. Counsel points out that Dr. Stein's recommendations were not specific as to the days, duration, starting or ending times. The parties agree to confirm a schedule, to switch one day in the schedule coming up later in January, and to have the schedule supercede the part of the Order that requires the parties to follow recommendations of the counselor as to the schedule. NO. 05-2757 CIVIL TERM The parties did not reach an agreement regarding Mother's request for adjudication on Father's previous finding of contempt or on the new allegations of contempt which she alleges to have occurred since the May 25, 2006 Order. Accordingly, they will need a hearing for these issues. It is noted that the child will become 18 on April 17, 2007. Accordingly, for efficient use of the Court's time, it is recommended that the hearing be scheduled after the child is 18 so that if Mother has further allegations of contempt, that only one hearing will be necessary. l --IA-0 Date Melissa Peel Greevy, Esquire Custody Conciliator :290043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW ROBERT E. BINGAMAN, JR., : No. 05-2757 Civil Term Plaintiff vs. : Civil Action - Law KELLY H. BINGAMAN, : Defendant : In Divorce/Custody PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND NOW, this 27th day of March, 2007, comes the defendant Kelly H. Bingaman, by and through her attorney, Douglas R. Goldhaber, Esquire, and files this Petition for Civil Contempt for Disobedience of a Custody Order, and in support thereof avers as follows: 1. That the Plaintiff and the Defendant are the natural parents of Drew Michael Bingaman, born April 17, 1989. 2. That the Plaintiff has been previously found to be in contempt of Court by this Honorable Court for his willful and knowing failure to abide by and follow Orders of this Honorable Court. 3. That even though Plaintiff has been previously found to be in contempt, Plaintiff has continued to violate the custody Order of this Honorable Court and another contempt petition was filed against for which a hearing has already been scheduled before this Honorable Court. 4. Plaintiffs actions continue to violate the Custody Order of this Honorable Court. 5. On January 5th, 2007, a Custody Conciliation Conference was held. 6. Since the aforementioned Custody Conciliation Conference, Plaintiff has continued to violate the custody schedule concerning the parties minor child Drew Bingaman. 7. Since the aforementioned Custody Conciliation Conference, Plaintiff has not made the minor child Drew Bingaman follow the existing schedule of custody between the parties. 8. Since the aforementioned Custody Conciliation Conference, the minor child Drew Bingaman had missed periods of custody with the Defendant thereby denying her contact with her son. 9. Since the aforementioned Custody Conciliation Conference, the minor child Drew Bingaman has left early during the Defendant's periods of custody thereby denying her the full time with her son which she is entitled. 10. Since the aforementioned Custody Conciliation Conference, Plaintiff has continued to violate the custody schedule concerning the parties minor child Drew Bingaman by refusing to have the minor child Drew Bingaman provide make-up time to the Defendant to compensate her for the time which she has been denied outright or the time she has lost by having her custody time shortened. 11. Furthermore, the Plaintiff has denied the Defendant telephonic access to the minor child Drew. 12. The Plaintiff fails to fully keep the Defendant apprised regarding any medical problems with Drew as well as failing to fully apprise the Defendant regarding Drew's school performance. 13. That Plaintiff has willfully failed to abide by said Order and encourages the minor child Drew to refrain from any contact with his mother. 14. The malicious and willful actions of the Plaintiff are irretrievably and adversely and detrimentally effecting the relationship between Drew and his mother. WHEREFORE, the Defendant, Kelly H. Bingaman, respectfully requests this Honorable Court to hold the Plaintiff, Robert E. Bingaman, Jr., in contempt of Court; incarcerate the Plaintiff; transfer primary custody of the minor child Drew Bingaman to the Defendant; award cost and counsel fees to Defendant; and enter any other Order to ensure the Plaintiff's compliance with future Orders of Court. Date 4el I V Bingaman, Defendant a /C) -:7 /C9 D e el- Douglas R. Goldha r, Attorney for Defendant Pa. ID 72174 4311 N. Sixth St. Harrisburg, PA 17110 717.221.9500 I verify that the statements made in this Motion are true and correct. T understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unworn falsification to authorities. - ;*.2 2 . JJ,J V AA WA Date Kelly . Bingam , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW ROBERT E. BINGAMAN, JR., : No. 05-2757 Civil Term Plaintiff VS. : Civil Action - Law KELLY H. BINGAMAN, Defendant : In Divorce/Custody CERTIFICATE OF SERVICE OF CONTEMPT PETITION I, Douglas R. Goldhaber, Esquire, Attorney for the Defendant Kelly H. Bingaman in the above-captioned matter, do hereby certify that a true and correct copy of the Custody Contempt Petition was served by first class mail on the Plaintiffs attorney on March 27, 2007, as follows: Joseph D. Caraciolo, Esquire Foreman & Foreman, P.C. 112 Market St., 6th Flr. Vet. Bldg. Harrisburg, PA 17101 ouglas R. Goldh er, Attorney for Defendant Pa. ID 72174 4311 N. Sixth St. Harrisburg, PA 17110 717.221.9500 ; : ?1 G V ROBERT E. BINGAMAN, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLY H. BINGAMAN DEFENDANT 05-2757 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 28, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 25, 2007 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to 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/ Dawn S. Sunda Es q. 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 S S : f 1111 Z- ?! JV LOOZ APR 1l 200W V ROBERT E. BINGAMAN, JR. Plaintiff VS. KELLY H. BINGAMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2757 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 4th day of April 2007, in light of the fact that a Hearing has been scheduled before the Court on Defendant's first Contempt Petition and the second Petition, which is the subject of this scheduled conciliation conference consists only of allegations of continuing violations, the conciliator hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April 25, 2007 is cancelled with agreement of counsel for the parties. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator Z FF r T1V ? a 4?i ? t i.?.; ..,ii I.L ROBERT E. BINGAMAN, JR., Plaintiff VS. KELLY H. BINGAMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-2757 Civil Term CIVIL ACTION -LAW IN DIVORCE AND NOW, comes the Plaintiff, Robert E. Bingaman, Jr., by and through his attorneys, Joseph D. Caraciolo, Esquire, and Foreman & Foreman, P.C., and files this Answer to Petition for Civil Contempt averring as follows: 1. Admitted. 2. Admitted in part, Denied in part. It is Admitted that the Plaintiff has been previously cited in contempt, it is Denied that he has been found in contempt. By way of further answer, the citing of contempt was an agreement between the parties with the cooperation of the Honorable Judge Hess of the Court of Common Pleas of Cumberland County. 3. Denied. It is denied that the Plaintiff has ever been found in contempt, nor that the Plaintiff has continued to violate any Order of Court. The Plaintiff has complied with every Order of Court regarding the custody of the child. 4. Denied. Plaintiff's actions are in full compliance with the present Order of Court regarding custody of the minor child. 5. Admitted. 6. Denied. Since the Conciliation Conference, Plaintiff has complied in every way with the custody schedule concerning the minor child. 7. Denied. Plaintiff has forced the child to comply with the schedule, even though the child, who is now eighteen years old, resists spending any periods of time with the Defendant. 8. Admitted in part, Denied in part. It is admitted that periods of custody have been cancelled by Defendant, it is denied that Defendant is being denied time with her son. By way of further answer, if Defendant wanted the time with her son, she should not have cancelled the scheduled visit. 9. Admitted in part, Denied in part. It is admitted that during times of the custody, the child has left the care of Defendant, it is denied that Defendant is being denied any time in which she is entitled. By way of further answer, if Defendant desired to spend more time with the child, she should not have let the child leave early. 10. Denied. It is denied that any Order of Court provides for make-up time when the Defendant cancels periods of physical custody. It is also denied that Plaintiff is responsible for the missed time between Defendant and the child. By way of further answer, Defendant should have utilized her periods of physical custody, rather than cancel them, in order to avoid issues not dealt with in the current custody Order. 11. Denied. It is denied that the Plaintiff has taken any active steps to deny telephonic conversation with the child. 12. Denied. The Plaintiff consistently makes the Defendant aware of any medical or school issue regarding the child. 13. Denied. The Plaintiff has consistently abided by the Court Order and has never encouraged the minor child to do otherwise. 14. Denied. Plaintiff has not taken any willful or malicious actions toward Defendant. It is Defendant's conduct toward child that has detrimentally effected the relationship between the Defendant and the child. Wherefore, The Plaintiff, Robert E. Bingaman, Jr., respectfully requests that Defendant's petition be denied. AND NOW, comes the Plaintiff, Robert E. Bingaman, Jr., by and through his attorneys, Joseph D. Caraciolo, Esquire, and Foreman & Foreman, P.C., and files this New Matter averring as follows: 15. Paragraphs one (1) through fourteen (14) are incorporated herein through reference. 16. Defendant filed the instant petition on March 27, 2007. 17. At the time of Defendant's petition, the child was two weeks shy of his eighteenth birthday. 18. At that time, the parties were scheduled for a contempt hearing on May 2, 2007 that would have dealt with all remaining custody issues. 19. The timing of Defendant's present petition in light of the currently scheduled contempt hearing suggests it was filed only to harass the Plaintiff and cause unnecessary delay and needless cost of litigation. 20. The Defendant has been charged criminally for attacking the Plaintiff and is currently awaiting trial in the Cumberland County Court of Common Pleas. 21. The Defendant has contacted Plaintiff's Employer and made disparaging and inappropriate remarks about the Plaintiff. 22. It is alleged and therefore averred that the Defendant has engaged in a course of conduct with the sole purpose of harassing the Plaintiff. 23. The contemporaneous filings of Defendant for Marriage Counseling and, Petition for Special Relief, and Petition for Contempt of Custody Order suggest they were filed to harass the Plaintiff and cause unnecessary delay and needless cost of litigation. 24. On April 3, 2007, Plaintiff informed Defendant of his intent to file an application for sanctions in twenty-eight days, in accordance with rule 1023.2(b) if the Petition for Special Relief, Motion for Marriage Counseling, and Petition for Contempt of Custody Order are not withdrawn. Wherefore, Plaintiff respectfully request that Defendant's filings be dismissed, and at the appropriate time, will request that the court issue sanctions against the Defendant for filings intended to harass the Plaintiff and cause unnecessary de;ay and needlesg cost of litigation. Date:? 49-7 ph D. Cara --I o' Esquire J? ?( 2 Market Street, 6`h Floor 7r azrisburg, Pennsylvania 17101 ID# 90919 Tel. (717) 236-9391 Attorney for Plaintiff ROBERT E. BINGAMAN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-1200 Civil Term KELLY H. BINGAMAN, CIVIL ACTION -LAW Defendant : IN DIVORCE I verify that the statements made in this Complaint 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 unsworn falsification to authorities. Dated: 7- Q 7 Signature: ROBERT E. BING , JR., Z] ROBERT E. BINGAMAN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-1200 Civil Term KELLY H. BINGAMAN, CIVIL ACTION -LAW Defendant : IN DIVORCE I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Answer to Petition for Civil Contempt upon the following named Defendant by depositing same, postage prepaid, in the United States Mail, addressed as follows: Douglas R. Goldhaber, Esquire 4311 Sixth Street Harrisburg, PA 17110 Date: 04 If -7 10 --,,7 o eplf?b. Caraciolo, Esquire Z ? 2 Market Street, 6t' Floor arrisburg, Pennsylvania 17101 ID# 90919 Tel. (717) 236-9391 Attorney for Plaintiff ?a 1 ^ c? t ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-2757 CIVIL KELLY M. BINGAMAN, Defendant ORDER AND NOW, this 2 (," day of April, 2007, a brief hearing is set for Thursday, May 31, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. In the event that a motion for sanctions is filed pursuant to Pa.R.C.P. 1023.1 et seq., hearing on said motion will be held at the same time. BY THE COURT, ,,evin . Hess, J. oseph D. Caraciola, Esquire For the Plaintiff k)Kouglas Goldhaber, Esquire For the Defendant :rim :Z d 9z LUZ 40 ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KELLY M. BINGAMAN, Defendant NO. 05-2757 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of May, 2007, the pending petition is dismissed. The Court will take under advisement the question of sanctions. By the Court, ,,<,, /4 evin . Hess, J. /seph D. Caraciolo, Esquire 112 Market Street, 6th Floor Harrisburg, PA 17101 /4317 the Plaintiff las R. Goldhaber, Esquire North 6th Street Harrisburg, PA 17110 For the Defendant pcb Z? :! Wd Z- AIN L0OZ ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2757 CIVIL KELLY M. BINGAMAN, Defendant IN RE: MOTION FOR CONTEMPT ORDER AND NOW, this Z'1 day of May, 2007, after hearing, the request of the plaintiff for sanctions is DENIED. BY THE COURT, Kevi A. Hess, J. 4?'seph D. Caraciolo, Esquire or ?thlaintiff uglas Goldhaber, Esquire or the Defendant rlm Z ? :I f4 Z- AAIW ;* DOZ a' 4C 0T- H rh ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 05-2757 CIVIL KELLY M. BINGAMAN, Defendant IN RE: MOTION FOR CONTEMPT ORDER AND NOW, this a?n a( day of May, 2007, the court being satisfied that it is error to dismiss the instant contempt petition without a hearing on the question of whether the plaintiff should be made to pay a fine or monetary compensation, our order of even date herewith is VACATED and the pending contempt petition is REINSTATED. The parties are ordered and directed to appear for hearing on May 31, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. See Garr v. Peters, 773 A.2d 183 (Pa. Super, 2001); also, Luminella v. Marcocci, 814 A.2d 711 (Pa.Super. 2002). BY THE COURT, seph D. Caraciolo, Esquire For e Plaintiff ouglas Goldhaber, Esquire For the Defendant J :rim i ti Hess, J. ld Z' LUZ CAI ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2757CIVIL KELLY M. BINGAMAN, Defendant IN RE: CUSTODY CONTEMPT ORDER AND NOW, this is day of June, 2007, after hearing, the court finding the testimony of the plaintiff to be credible, that he substantially complied with the custody order of this court and is not in contempt thereof, the petition of the defendant for contempt is DISMISSED. BY THE COURT, A/dam Hess, J. oseph D. Caraciolo, Esquire For the Plaintiff Kor gl as Goldhaber, Esquire J the Defendant :rlm 91 :8 WV ?-- Nn COOZ MVION'U"H±Odd ?I-i JO t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT E. BINGAMAN, JR., Plaintiff : No. 05-2757 VS. : Civil Action -Law KELLY H. BINGAMAN, Defendant IN FORMA PAUPERIS PETITION Kelly H. Bingaman states under the penalties provided by 18 Pa. C.S.A. §4904 (unworn falsification to authorities) that: 1. I am Kelly H. Bingaman, the Defendant in the above action and because of my financial condition am unable to pay the following fees and costs: appellate filing fees, costs of reproducing records or briefs, and filing of supersedeas security if irreparable harm would result if not waived. 2. My responses to the questions below relating to my ability to pay the fees and costs of prosecuting an appeal are true and correct. (a) Are you presently employed? No. (b) Have you received within the past twelve months any income from a business, profession or other form of self-employment, or in the form of rent payments, interest, dividends, pensions, annuities, social security benefits, support payments or other source? Yes. Social Security in the amount of approximately $993.00 per month, and approximately $84.00 per week in Spousal Support. (c) Do you own any cash or checking or savings accounts? Checking account, nominal amount, social security goes into account and then is used to pay monthly bills. (d) Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing)? Realty and automobiles which are the subject of the divorce action. (e) List the persons, if any, who are dependent upon you for support and state your relationship to those persons. I pay Child Support for my son Drew Bingaman. (f) List all your debts and obligations. Monthly bills as well as co-pay for medication. 3. I understand that a false statement or answer to any question in this verified statement will subject me to the penalties provided by law (misdemeanor of the second degree). PiL. I/ A- A^ ate Key ingaman 0 ?-a Q Pj !" ? co -C 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VA NIA CIVIL ACTION- LAW ROBERT E. BINGAMAN, JR., Plaintiff No. 05-2757 V. KELLY H. BINGAMAN, Defendant NOTICE OF APPEAL AND ORDER OF TRANSCRIPT NOTICE is hereby given that Kelly H. Bingaman, Defendant, hereby appeals to the Superior Court of Pennsylvania from the Order of Court dated June 1, 2007, entered in the above matter. This Order has been entered in the docket as evidenced by the attached copy of the docket entry. A Notice of Appeal having been filed in this matter, the Office Court Reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Pa R.A.P. 1922. Respectfully Submitted, t Douglas R. Goldhaber, Attorney for Defendants 4311 N. Sixth St. Harrisburg, PA 17110 (717)221-9500 I.D. #72174 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VA NIA ROBERT E. BINGAMAN, JR., Plaintiff No. 05-2757 V. KELLY H. BINGAMAN, Defendant PROOF OF SERVICE I hereby certify that on j , 2007, I served the Notice of Appeal in the above matter upon the person i icated below by first class mail, which service satisfies the requirements of Pa. R.A.P. 121: Honorable Kevin A. Hess, J. Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Joseph D. Caraciolo, Esquire Foreman & Foreman, P.C. 112 Market St., 6th Flr. Vet. Bldg. Harrisburg, PA 17101 Court Reporter, Court Reporter's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 -7 lrj?- at uglas R. Goldhaber, Attorney for Defendant 4311 N. Sixth St. Harrisburg, PA 17110 (717)221-9500 ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2757CIVIL KELLY M. BINGAMAN, Defendant IN RE: CUSTODY CONTEMPT ORDER AND NOW, this I" day of June, 2007, after hearing, the court finding the testimony of the plaintiff to be credible, that he substantially complied with the custody order of this court and is not in contempt thereof, the petition of the defendant for contempt is DISMISSED. BY THE COURT, // Hess, J. Joseph D. Caraciolo, Esquire For the Plaintiff Douglas Goldhaber, Esquire For the Defendant :rlm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT E. BINGAMAN, JR., Plaintiff : No. 05-2757 VS. : Civil Action -Law KELLY H. BINGAMAN, Defendant PRAECIPE TO ENTER AN ORDER GRANTING APPLICATION FOR APPEAL IN FORMA PAUPERIS TO THE PROTHONOTARY OF THE COUNTY OF DAUPHIN: Please enter an Order granting the application of Kelly H. Bingaman to proceed in her appeal in forma pauperis, pursuant to Rule 552 (d) of the Pennsylvania Rules of Appellate Procedure. I36uggJas Goldhaber, Esq. Atto (x for Defendant 4311 N. Sixth St. Harrisburg, PA 17110 (717)221-9500 I.D. #72174 C"? C .._., ??i' -? -c? 1 ? is ?` ::?+?; ?C3 r._. ?j f ?- r 1?' _« ?? PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2005-02757 BINGAMAN ROBERT E JR (vs) BINGAMAN KELLY H Reference No..: Filed........: 5/26/2005 Case Type ..... : COMPLAINT - CUSTODY Judgment......: 00 Time.........: Execution Date 1:40 0/00/0000 Judge Assigned: HESS KEVIN A Disposed Desc.: Jury Trial.... Disposed Date. t 1 i C 0/00/0000 ------------ Case Comments ------------- r .: H gher Higher Crt 2.: ******************************************************************************** General Index Attorney Info BINGAMAN ROBERT E JR PLAINTIFF PETRIE CHARLES E 124 WEST PORTLAND STREET APARTMENT 46 MECHANICSBURG PA BINGAMAN KELLY H DEFENDANT 2250 CANTERBURY DRIVE MECHANICSBURG PA ******************************************************************************** * Date Entries ******************************************************************************** 5/26/2005 6/03/2005 8/04/2005 11/10/2005 3/16/2006 3/27/2006 4/03/2006 5/18/2006 5/30/2006 6/29/2006 11/17/2006 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - COMPLAINT - CUSTODY ------------------------------------------------------------------- ORDER OF COURT - DATED 6/2/05 - IN RE CUSTODY - HEARING AT DJ MANLOVE'S BEFORE MELISSA P GREEVY ESQ ON 7/20/05 AT 11:00 AM - FOR THE COURT MELISSA P GREEVY ESQ CUSTODY CONCI ITOR COPIES MAILED ------------------------------------------------------------------- OFSCOURTC- DATEDT8/4/05N- AEHEARINGMISYSCREPORT HEDULED DINICRE4IOFOTHER CUMBERLAND COUNTY COURTHOUSE ON 11/23/05 AT 1;30 PM - BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- ORDER - DATED 11/10/05 - IN RE CUSTODY - THE HEARING IN THE ABOVE MATTER SET FOR 11/23/05 IS CONTINUED TO 12/22/05 AT 9;30 AM IN CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - Y THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- PETITION FOR CONTEMPT OF INTERIM ORDER OF COURT BY THOMAS D GOULD ATTY FOR DEFT ------------------------------------------------------------------- ORDER OF COURT - DATED 3-23-06 - IN RE:PARTIES AND THEIR RESPECTIVE COUNSEL APPEAR BEFORE MELISSA P GREEVY ESQ THE CONCILIATOR AT MDJ MANLOVE 1901 STATE ST CAMP HILL ON 4-29-06 AT 2:30 PM FOR A PRE-HEARING CUSTODY CONFERENCE - BY MILISSA P GREEVY ATTY - COPIED AND MAILED 3-27-06 ------------------------------------------------------------------- ORDER - DATED 04-03-06 - IN RE: CUSTODY HEARING ON 04-27-06 CONTINUED TO 05-25-06 AT 1:30 PM IN CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE - BY KEVIN A HESS J - COPIED AND MAILED 04-03-06 ------------------------------------------------------------------- ORDER OF COURT - DATED 05-18-06 - IN RE: CUSTODYHEARING 05-25-06 AT 1:30 PM IN CR 4 OF CUMB CO COURTHOUSE - BY KEVIN A HESS J - COPIED AND MAILED 05-18-06 ------------------------------------------------------------------- ORDER OF COURT - DATED 05-25-06 - IN RE: CUSTODY - BY KEVIN A HESS J - COPIES MAILED 05-31-06 ------------------------------------------------------------------- ORDER - 06-29-06 - IN RE: APPT OF LUCY JOHNSTON-WALSH ESQ AS GUARDIAN AD LITEM OF THE MINOR CHILD IN CAPTIONED CASE IS VACATED - BY KEVIN A HESS J - COPIES MAILED 06-29-06 ------------------------------------------------------------------- PETITION FOR CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER - BY DEFT & DOUGLAS R GOLDHABER ATTY FOR DEFT --------------------------------- 12/01/2006 ORDER OF COURT - 11-28-06 - IN RE 01-05-07 AT 2 PM AT MDJ MANLOVE 1 FOR THE COURT BY MELISSA P GREEVY MAILED 12-01-06 --------------------------------- PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2005-02757 BINGAMAN ROBERT E JR (vs) BINGAMAN KELLY H Reference No... Filed......... 5/26/2005 Case Ty e.....: COMPLAINT - CUSTODY Time...... ..: 1:40 Judgmen?......: 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------ - Higher Crt 1.: Higher Crt 2.: 1/25/2007 ORDER OF COURT - 01-24-07 - IN RE: CUSTODY CONCILIATION SUMMARY REPORT - HEARING 05-02-07 AT 9:30 AM IN CR 4 CUMB CO COURTHOUSE - BY KEVIN A HESS J - COPIES MAILED 01-25-07 ------------------------------------------------------------------- 3/27/2007 PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER - BY DEFT & ATTY DOUGLAS R GOLDHABER ------------------------------------------------------------------- 4/02/2007 ORDER OF COURT - 03-28-07 - IN RE: PRE-HEARING CUSTODY CONFERENCE 04-25-07 AT 12 NOON AT 39 W MAIN ST MECH PA 17055 - FOR THE COURT BY DAWN S SUNDAY ESQ CUSTODY CONCILIATOR - COPIES MAILED 04-02-07 ------------------------------------------------------------------- 4/12/2007 ORDER - CUSTODY CONCILIATION CONFERENCE SCHEDULED 04-25-07 IS CANCELLED WITH AGREEMENT OF COUNSEL FOR PARTIES - FOR THE COURT BY DAWN S SUNDAY ESQ CUSTODY CONCILIATOR - COPIES MAILED 04-12-07 ------------------------------------------------------------------- 4/18/2007 ANSWER TO PETITION FOR CIVIL CONTEMPT - BY JOSEPH D CARACIOLO ATTY FOR PLFF ------------------------------------------------------------------- 4/26/2007 ORDER - 04-26-07 - IN RE: BRIEF HEARING 05-31-07 AT 11 AM IN CR 4 CUMB CO COURTHOUSE - IN EVENT THAT A MOTION FOR SANCTIONS IS FILED -HEARING ON SAID MOTION WILL BE HELD AT THE SAME TIME - BY KEVIN A HESS J - COPIES MAILED 04-26-07 ------------------------------------------------------------------- 5/02/2007 ORDER OF COURT - 05-02-07 - IN RE: PETITION IS DISMISSED - COURT WILL TAKE UNDER ADVISEMENT THE QUESTION OF SANCTIONS - BY KEVIN A HESS J - COPIES MAILED 05-02-07 ------------------------------------------------------------------- 6/04/2007 ORDER - 06-01-07 - IN RE: CUSTODY CONTEMPT - PETITION IS DISMISSED - BY KEVIN A HESS J - COPIES MAILED 06-04-07 ------------------------------------------------------------------- 7/02/2007 INFORMA PAUPERIS PETITION - BY KELLY H BINGAMAN DEF - BY HER ATTY DOUGLAS R GOLDHABER ------------------------------------------------------------------- 7/02/2007 NOTICE OF APPEAL AND ORDER OF TRANSCRIPT - BY DOUGLAS R BOLDHABER ATTY FOR DEFT ------------------------------------------------------------------- 7/11/2007 ORDER - DATED JULY 11, 2007 - IN RE: IN FORMA PAUPERIS PETITION - LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED BY THE COURT KEVIN A HESS J COPIES MAILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Bw*Bal***P*ymts/Adj End Bal *********************************** ****** ******************************* CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 CUSTODY FEE 4.80 4.80 .00 CUSTODY FEE-CO 1.20 1.20 .00 CONTEMPT CUSTOD 50.00 50.00 .00 CONTEMPT CUSTOD 50.00 50.00 .00 CONTEMPT CUSTOD 70.00 70.00 .00 ------------------------ ------------ 281.50 281.50 .00 ******************************************************************************** * End of Case Information * * eam*60+IM ********************************************* ****** ttl'i ?IIPAR ~,I here unnodoy '' Ad ft "Of N id Court A iXJI. O 32007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT E. BINGAMAN, JR., Plaintiff : No. 05-2757 VS. Civil Action -Law KELLY H. BINGAMAN, Defendant ORDER AND NOW, this /J' day of _ , 2007, the application of Kelly H. Bingaman, by her attorney, Douglas R. Goldhaber, Esquire, for leave to proceed on Appeal In Forma Pauperis, pursuant to Rule 552 (d) of the Rules of Appellate Procedure, is hereby granted. COMMONWEALTH OF PENNSYLVANIA a . t (cfu.f Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District 100 Pine Street. Suite 400 Prothonotary Harrisbure. PA 17101 James D. McCullough, Esq. July 20, 2007 717-772-1294 Deputy Prothonotary www.superior.court.state.pa.us Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 1235 MDA 2007 Robert E. Bingaman, Jr. V. Kelly H. Bingaman, Appellant Dear Mr. Long: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett, Esq. Prothonotary KRC 10:30 AA Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1235 MDA 2007 Page 1 of 3 AOL July 20, 2007 Robert E. Bingaman, Jr. V. Kelly H. Bingaman, Appellant Initiating Document: Notice of Appeal IFP Case Status: Active Case Processing Status: July 2, 2007 Awaiting Original Record Journal Number: Case Category: Domestic Relations CaseType: CustodyNisitation Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: August 3, 2007 Next Event Type: Original Record Received Next Event Due Date: August 31, 2007 7/20/2007 3023 10:30 A.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1235 MDA 2007 Page 2 of 3 July 20, 2007 COUNSEL INFORMATION Appellant Bingaman, Kelly H. Pro Se: Appoint Counsel Status: IFP Status: Yes Appellant Attorney Information: Attorney: Goldhaber, Douglas R. Bar No.: 72174 Law Firm: Address: 4311 N 6th St Harrisburg, PA 17110 Phone No.: (717)221-9500 Fax No.: Receive Mail: Yes E-Mail Address: drgoldhaber@adelphia.net Receive E-Mail: No Appellee Bingaman Jr., Robert E. Pro Se: Appoint Counsel Status: IFP Status: No Appellee Attorney Information: Attorney: Caraciolo, Joseph Dominick Bar No.: 90919 Law Firm: Foreman & Foreman, P.C. Address: 6th Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 Phone No.: (717)236-9391 Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Domestic Relations Date of Order Appealed From: June 1, 2007 Judicial District: 9 Date Documents Received: July 19, 2007 Date Notice of Appeal Filed: July 2, 2007 Order Type: Order Dated OTN: Judge: Hess, Kevin A. Lower Court Docket No.: 05-2757 Judge ORIGINAL RECORD CONTENTS 7120/2007 3023 10:30 A.M. Appeal Docket Sheet Docket Number: 1235 MDA 2007 Superior Court of Pennsylvania Paqe 3 of 3 Z*94 July 20, 2007 Original Record Item Filed Date ContentlDescription Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By July 2, 2007 Notice of Appeal IFP Appellant Bingaman, Kelly H. July 20, 2007 Docketing Statement Exited (Domestic Relations) Middle District Filing Office 7/20/2007 3023 -? ? m _--' .-? +:.., - ` t't 9 i i` c<,,? .? ?r, q ?- ` ? ' --m. `,'i (_,. t e f%-3 r'? :.?:. ,?-_ ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.05-2757CIVIL KELLY M. BINGAMAN, Defendant IN RE: APPEAL OF DEFENDANT ORDER AND NOW, July 24, 2007, in accordance with Rule 1925 of the Rules of Appellate Procedure, the Defendant having filed a notice of appeal, the appellant is directed to file of record, within fourteen (14) days hereof, and serve upon the undersigned a concise statement of the matters complained of on the appeal. BY THE COURT, /oseph Caraciolo, Esquire For the Plaintiff e,ROuglas R. Goldhaber, Esgt For the Defendant :rlm A ;'q , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VA NIA CIVIL ACTION - LAW ROBERT E. BINGAMAN, JR., Plaintiff No. 05-2757 V. KELLYH. BINGAMAN, Defendant STATEMENT OF MATTERS COMPLAINED AND NOW, comes the Defendant Kelly H. Bingaman, by and through her attorney Douglas R. Goldhaber, Esquire, and files this Statement of Matters Complained: 1. Did this Honorable Court abuse its discretion in denying the Motion for Contempt and not finding the Plaintiff in Contempt of Court? Respectfully submitted, ouglas R. Goldhaber, Esquire Attorney for Defendants/Appellants Pa. I.D. No. 72174 4311 N. Sixth St. Harrisburg, Pa 17110 (717) 221-9500 f _ w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VA NIA CIVIL ACTION - LAW ROBERT E. BINGAMAN, JR., Plaintiff No. 05-2757 V. : KELLY H. BINGAMAN, Defendant PROOF OF SERVICE I hereby certify that on August 6, 2007, the Statement of Matters Complained in the above matter was served upon the persons indicated below by the method indicated below, which service satisfies the requirements of Pa. R.A.P. 121: by first class mail: Honorable Kevin A. Hess, J. Carlisle County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 by first class mail: Joseph D. Caraciolo, Esquire Foreman & Foreman, P.C. 112 Market St., 6th Flr. Vet. Bldg. Harrisburg, PA 17101 P lzv ?- at as R. Goldhaber, Attorney for Defendants/Appellants 4311 N. Sixth St. Harrisburg, PA 17110 (717)221-9500 I.D. #72174 C ° r i Fn ': .. Z rn Cn ROBERT E. BINGAMAN, JR. Plaintiff vs. KELLY H. BINGAMAN, Defendant IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2757 CIVIL IN CUSTODY IN RE: OPINION PURSUANT TO RULE 1925 Robert E. Bingaman, Jr. (father) and Kelly H. Bingaman (mother) are the natural parents of Drew M. Bingaman (son), born April 17, 1989. A complaint for custody was filed by father on May 25, 2005. Following conciliation, this court, on August 4, 2005, entered an order providing that the parties were to have shared legal custody of their son, with each having an equal right to make all major non-emergency decisions affecting the child's general well-being. The parties were also to have shared physical custody arranged on an alternating week basis, and were to participate in therapeutic family counseling. Mother filed a petition for contempt of order of court on March 16, 2006. She claimed that father was no longer requiring son to stay with mother during the alternating weeks, and that father has been refusing to participate in the therapeutic counseling. A second conciliation conference was held by Melissa Greevy, Esquire, Custody Conciliator. On May 24, 2006, this court entered an order of court which ratified and confirmed the order of August 4, 2005, but temporarily suspended the alternating week physical custody provision of the order. The parties were further directed to cooperate in scheduling and attending counseling sessions with the hope of resuming meaningful regular contacts/custody between mother and Drew, and the parties were directed to follow the recommendations of the counselor. NO. 05-2757 CIVIL On November 10, 2006, mother filed a petition for civil contempt for disobedience of custody order. In the petition, mother claimed that father was in violation of the May 25th order by not forcing Drew to visit with mother during all the times the counselor had recommended. A third conciliation conference was held and we entered yet another order on January 24, 2007. It provided that mother was to have partial physical custody on Mondays and Wednesdays from 5:00 p.m. until 8:00 p.m., and Saturdays from 5:00 p.m. until Sunday at 2:00 p.m. A hearing was held on the mother's allegations of contempt on May 31, 2007. We found the testimony of father to be credible and dismissed the contempt petition. Mother has filed an appeal. In her statement of matters complained of, the mother asserts that this court abused its discretion in denying the motion for contempt and not finding father in contempt of court. According to 23 Pa.C.S.A. Section 4346(a), "[a] party who willfully fails to comply with any visitation or partial custody order may, as prescribed by general rule, be adjudged in contempt." Based on the testimony given by father, mother, and son at the May 31, 2007 hearing, it is clear that the father is not in contempt of court for failing to abide by the custody order. Both father and son testified that father never told son not to visit mother. (N.T. 61, 83.) To the contrary, father took steps to enforce visits between son and mother. Father admitted that there were times when son was sick and would not make the required visits, and that son would occasionally miss a few hours of his visits. (N.T. 66.) In addition, the father's control over his son was not absolute. Drew was seventeen years old and provided his own transportation. (N.T. 66.) The testimony also revealed that mother was both physically and verbally abusive towards son during his visits. The police had to be called to mother's house after son reported 2 NO. 05-2757 CIVIL that he was being abused by mother. (N.T. 62-63.) Son allegedly was grabbed around the neck by mother. (N.T. 63.) Mother would also shout and argue with son and father at counseling sessions, to the point where the counselors thought further sessions would not be helpful. (N.T. 64, 65.) Son testified that there were times when he would visit mother and she would lock herself in a room, or come into his bedroom screaming in the middle of the night. (N.T. 83.) There were also times when mother would send son home during the middle of a visit. (N.T. 66.) In light of the testimony at the May 31, 2007 contempt hearing, we find that father made reasonable efforts to have son (who is now eighteen years old and is not subject to any custody order) visit mother pursuant to the custody orders, and did not willfully disregard or fail to comply with the custody orders. We therefore properly declined to find father in contempt. October p , 2007 Joseph D. Caraciolo, Esquire For the Plaintiff Douglas R. Goldhaber, Esquire For the Defendant rim 3 CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ROBERT E. BINGAMAN, JR VS. KELLY H. BINGAMAN 2005-2757 CIVIL 1235 MDA 2007 The documents comprising the record have been numbered from No-1 to 89, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 10-09-2007. Curtis , . Long, Prothonotary Regina K. Lebo, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: In TESTIMONY WHEREOF, I have hereunto this 9tIn 1, Curtis R. Long , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Robert E. Bingaman, Jr. Plaintiff, and Kelly H. Bingaman Defendant , as the same remains of record before the said Court at No. 05-2757 of Ci_vi_1 Term, A. D. 19 . set y hand and affixed the seal of said Court da?f October A. D.,9$2007. Prothonkta 1, Edgar B. Bayley President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that Curtis R. Long , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of C?miberland in the Commonwealth of Pennsylvania, duly commissioned and qualifiedIEN of whose acts as such full faith and credit are and ought to be given as well in Courts of judic re as else he said record, certificate and attestation are in due form of law and made y (the ro offi r G President J ge Commonwealth of Pennsylvania County of Cumberland ss: 1, Cirri s R_ T n$ , Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Agar B. Bayley by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set V 9t hand and affixed the seal of said Court this day_ A.D. 1xXQ7 Prothonotary Among the Records and Proceedings enrolled in the court of Common Pleas in and for the county of CUMBERLAND in the Commonwealth of Pennsylvania 1235 MDA 2007 to No. 2005-2757 Civil Term, 19 is contained the following: COPY OF APPEARANCE DOCKET ENTRY ROBERT E. BINGAMAN, JR. VS. KELLY H. BINGAMAN **SEE CERTIFIED COPY OF THE DOCKET ENTRIES** I U r r N tin 0 0 N 0 xI 7 O V Q a 0 U W a A a W - X W o w o N w U I O? w W 0 G O O Q PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print 2005-02757 BINGAMAN ROBERT E JR (vs) BINGAMAN KELLY H Reference No... Filed......... 5/26/2005 Case Type.. COMPLAINT - CUSTODY Time.........: 1:40 Judgment..... 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 12355MDA2007 Higher Crt 2.: ******************************************************************************** General Index Attorney Info BINGAMAN ROBERT E JR PLAINTIFF PETRIE CHARLES E 124 WEST PORTLAND STREET APARTMENT 46 MECHANICSBURG PA BINGAMAN KELLY H DEFENDANT 2250 CANTERBURY DRIVE MECHANICSBURG PA * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 5/26/2005 COMPLAINT - CUSTODY ------------------------------------------------------------------- 6/03/2005 ORDER OF COURT - DATED 6/2/05 - IN RE CUSTODY - HEARING AT DJ MANLOVE'S BEFORE MELISSA P GREEVY ESQ ON 7/20/05 AT 11:00 AM - FOR THE COURT MELISSA P GREEVY ESQ CUSTODY CONCI ITOR COPIES MAILED -------------------------------------------------------------------REPORT AND /0 8/04/2005 OFCUSCOURTTODY DATEDT8/4/ION - AEHEARINGMISYSCHEDULED IINICRE4IOFOTHER CUMBERLAND COUNTY COURTHOUSE ON 11/23/05 AT 1;30 PM - BY THE COURT KEVIN A HESS J COPIES MAILED ---------------------------------------------II-??--------------------- /I T7E 11/10/2005 MATTER SETTFOR111/2 //3/05 ISNCONTINUEDDTO 12 22[05RATG9630TAM INOCR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE PA - Y THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- / 11/29/2005 ORDER - IN RE: CUSTODY - DATED NOVEMBER 29, 2005 - THE HEARING IN THE ABOVE CAPTIONED MATTER SET FOR DECEMBER 22, 2005 IS CONTINUED TO FRIDAY MARCH 3, 2006 AT 9:30 AM IN COURTROOM NUMBER 4 BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------------- J, -,2I 3/16/2006 PETITION FOR CONTEMPT OF INTERIM ORDER OF COURT BY THOMAS D GOULD ATTY FOR DEFT ------------------------------------------------------------------- J3 3/27/2006 ORDER OF COURT - DATED 3-23-06 - IN RE:PARTIES AND THEIR RESPECTIVE COUNSEL APPEAR BEFORE MELISSA P GREEVY ESQ THE CONCILIATOR AT MDJ MANLOVE 1901 STATE ST CAMP HILL ON 4-28-06 AT 2:30 PM FOR A PRE-HEARING CUSTODY CONFERENCE - BY MILISSA P GREEVY ATTY - COPIED AND MAILED 3-27-06 ------------------------------------------------------------------- 4/03/2006 ORDER - DATED 04-03-06 - IN RE: CUSTODY HEARING ON 04-27-06 CONTINUED TO 05-25-06 AT 1:30 PM IN CR 4 CUMBERLAND COUNTY COURTHOUSE CARLISLE - BY KEVIN A HESS J - COPIED AND MAILED 04-03-06 ------------------------------------------------------------------- 5/18/2006 ORDER OF COURT - DATED 05-18-06 - IN RE: CUSTODYHEARING 05-25-06 AT 1:30 PM IN CR 4 OF CUMB CO COURTHOUSE - BY KEVIN A HESS J - COPIED AND MAILED 05-18-06 ----- --------- -------- --------- ----------------- ----------- -------- .3f`3 5/30/2006 ORDER OF COURT - DATED 05-25-06 - IN RE: CUSTODY - BY KEVIN A HESS J - COPIES MAILED 05-31-06 ---------------- ------------------------------------ .33 6/29/2006 ORDER - 06-29-06 - IN RE: APPT OF LUCY JOHNSTON-WALSH ESQ AS GUARDIAN AD LITEM OF THE MINOR CHILD IN CAPTIONED CASE IS VACATED - BY KEVIN A HESS J - COPIES MAILED 06-29-06 ------------------------------------------------------------------- 3.5-1/711/17/2006 PETITION FOR CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER - BY DEFT & DOUGLAS R GOLDHABER ATTY FOR DEFT PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2005-02757 BINGAMAN ROBERT E JR (vs) BINGAMAN KELLY H Reference No..: Filed........: 5/26/2005 Case Type.....: COMPLAINT - CUSTODY Time.......... 1:40 Judgment ... 00 Execution Date 0/00/0000 Jude Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 1235MDA2007 Higher Crt 2.: ------------------------------------------------------------------- ?y' 12/01/2006 ORDER OF COURT - 11-28-06 - IN RE: PRE-HEARING CUSTODY CONFERENCE 01-05-07 AT 2 PM AT MDJ MANLOVE 1901 STATE ST CAMP HILL PA 17011 - FOR THE COURT BY MELISSA P GREEVY CUSTODY CONCILIATOR - COPIES MAILED 12-01-06 ------------------------------------------------------------------- 1/25/2007 ORDER OF COURT - 01-24-07 - IN RE: CUSTODY CONCILIATION SUMMARY REPORT - HEARING 05-02-07 AT 9:30 AM IN CR 4 CUMB CO COURTHOUSE - BY KEVIN A HESS J - COPIES MAILED 01-25-07 ------------------------------------------------------------------- 5 ' s 7 3/27/2007 DETITION FORDCIVIL CONGOLDHAFOR DISOBEDIENCE OF CUSTODY ORDER - BY ------------------------------------------------------------------- s/ 4/02/2007 ORDER OF COURT - 03-28-07 - IN RE: PRE-HEARING CUSTODY CONFERENCE 04-25-07 AT 12 NOON AT 39 W MAIN ST MECH PA 17055 - FOR THE COURT BY DAWN S SUNDAY ESQ CUSTODY CONCILIATOR - COPIES MAILED 04-02-07 ------------------------------------------------------------------- j 4/12/2007 CANCELLED ORDER - CUSTODY CONCILIATION CONFERENCE SCHEDULED 04-25-07 IS DAWN S SUNDAY ESQ CUSTODY CONCILIATOR - COPIES MAILED 04-12-07 ------------------------------------------------------------------- 4/18/2007 ANSWER TO PETITION FOR CIVIL CONTEMPT - BY JOSEPH D CARACIOLO ATTY FOR PLFF ------------------------------------------------------------------- ^S? 4/26/2007 ORDER - 04-26-07 - IN RE: BRIEF HEARING 05-31-07 AT 11 AM IN CR 4 CUMB CO COURTHOUSE - IN EVENT THAT A MOTION FOR SANCTIONS IS FILED -HEARING ON SAID MOTION WILL BE HELD AT THE SAME TIME - BY KEVIN A HESS J - COPIES MAILED 04-26-07 ------------------------------------------------------------------- kt, ORDER ADVISEMENT THE QUESTION OF PETITION SANCTTIONS DISMISSED COURT - BY KEVINA HESS J - COPIES MAILED 05-02-07 ------------------------------------------------------------------- 7 5/02/2007 ORDER - DATED MAY 2, 2007 - IN RE: MOTION FOR CONTEMPT - AFTER HEARING THE REQUEST OF THE PLAINTIFF FOR SANCTIONS IS DENIED BY THE COURT KEVIN A HESS COPIES MAILED ------------------------------------------------------------------- 5/02/2007 ORDER - DATED MAY 2ND, 2007 - IN RE: M OTION FOR CONTEMPT - THE COURT BEING SATISFIED THAT IT IS ERROR TO DISMISS THE INSTANT CONTEMPT PETITION WITHOUT A HEARING ON THE QUESTION OF WHETHER THE PLAINTIFF SHOULD BE MADE TO PAY A FINE OR MONETARY COMPENSATION OUR ORDER OF EVEN DATE HEREWITH IS VACATED AND THE PENDING CONTEMPT PETITION IS REINSTATED THE PARTIES ARE ORDERED AND DIRECTED TO APPEAR FOR HEARING ON MAY 31 2007 AT 11:00 AM IN COURTROOM NUMBER 4 CUMBERLAND COUNTY COURTHOUSE BY THE COURT KEVIN A HESS J COPIES MAILED ------------------------------------------------------------ 6/04/2007 ORDER- - -06-01-07- - -IN RE: CUSTODY CONTEMPT - PETITION-IS-DISMISSED- - BY KEVIN A HESS J - COPIES MAILED 06-04-07 ------------------------------------------------------------------- 7f- 7,;Z 7/02/2007 DOUG RAUPERISBPETITION - BY KELLY H BINGAMAN DEF - BY HER ATTY -----------7------------------------------------------------------- 73- 7/02/2007 NOTICE OF APPEAL AND ORDER OF TRANSCRIPT - BY DOUGLAS R BOLDHABER ATTY FOR DEFT --------------------------------------------------------------- 70 7/11/2007 ORDER-- - DATED - JULY - 11 2007 - IN RE: IN FORMA PAUPERIS PETITION - LEAVE TO PROCEED IN FORMA PAUPERIS IS GRANTED BY THE COURT KEVIN A HESS J COPIES MAILED --------------------------------------------------------------- 79-V°? 7/24/2007 SUPERIOR-COURT-OF-PA NOTICE OF APPEAL DOCKETING TO # 1235 MDA 2007- ------------------------------------------------------------------- 5'j 7/24/2007 ORDER - DATED 07-24-07 - IN RE: APPEAL OF DEFENDANT - IN ACCORDANCE WITH RULE 1925 OF THE RULES OF APPELLATE PROCEDURE THE DEENDANT HAVING FILED A NOTICE OF APPEAL THE APPELLANT IS DIRECTED PYS511 Cumberland County Prothonotary's Office Page Civil Case Print 2005-02757 BINGAMAN ROBERT E JR (vs) BINGAMAN KELLY H Reference No. Filed. 5/26/2005 Case Type...... COMPLAINT - CUSTODY Time. 1.40 Judgment..... 00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ----------- Higher Crt 1.: 1235MDA2007 Higher Crt 2.: TO FILE OF RECORD WITHIN FOURTEEN (14) DAYS HEREOF AND SERVE UPON THE UNDERSIGNED A CONCISE STATEMENT OF THE MATTERS COMPLAINED OF ON THE APPEAL - BY KEVIN A HESS J - COPIES MAILED 07-24-07 --------- ----------- ----------- ------------ S'4f 4,5 8/08/2007 STATEMENT OF MATTERS COMPLAINED - BY-DOUGLAS R GOLDHABER ATTY FOR- DEFTS ----------------------------------------------------- -------------- 51y°• '10/08/2007 COPIES MOPINION PURSUANT TO RULE 1925 BY KEVIN A HESS J ------------------------------------------------------------------- 10/09/2007 NOTICE OF DOCKET ENTRIES MAILED TO DOUGLAS GOLDHABER ESQ AND JOSEPH D CARACIQLO ESQ - - - LAST ENTRY - - - * Escrow Information * Fees & Debits Bn*Bal***P*ymts**/Adj End Bal *********************************** **** ******************************* CUSTODY AGMT 85.00 85.00 .00 TAX ON AGMT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 AUTOMATION FEE 5.00 5.00 .00 JCP FEE 10.00 10.00 .00 CUSTODY FEE 4.80 4.80 .00 CUSTODY FEE-CO 1.20 1.20 .00 CONTEMPT CUSTOD 50.00 50.00 .00 CONTEMPT CUSTOD 50.00 50.00 .00 CONTEMPT CUSTOD 70.00 70.00 .00 ------------------------ ------------ 281.50 281.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ......9...... day of.... Zr.7(C ......., ?.,.1 Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 C 1015-4104 10!1199 Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary w Superior Court of Pennsylvania Middle District January 2, 2008 RE: Bingaman, R. v. Bingaman, K. No. 1235 MDA 2007 Trial Court Docket Number: 05-2757 Dear : 100 Pine Street. Suite 400 Harrisbure. PA 17101 717-772-1294 www.superior.court.state.pa.us Enclosed please find a certified copy of an order dated January 2, 2008 entered in the above-captioned matter. Pursuant to the foregoih j Order; a certified copy of same, along with the original record will be forwarded to the trial court in due course. Very truly yours, KRC James D. McCulloug , Esq. Deputy Prothonotary cc: Joseph Dominick Caraciolo, Esq. The Honorable Kevin A. Hess Judge Mr. Curtis R. Long Prothonotary No.: 1235 MDA 2007 Carbon Copy Recipient List Addressed To: Douglas R. Goldhaber, Esq. 4311 N 6th St Harrisburg, PA 17110 Carbon Copied: Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Joseph Dominick Caraciolo, Esq. Foreman & Foreman, P.C. 6th Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 The Honorable Kevin A. Hess Court of Common Pleas of Cumberland County Cumberland County Courthouse, One Courthouse Sq Carlisle, PA 17013 1013 -10199 10/1199 IN THE SUPERIOR COURT OF PENNSYLVANIA Robert E. Bingaman, Jr. V. No. 1235 MDA 2007 Kelly H. Bingaman ORDER AND NOW, this 2nd day of January, 2008 the appeal in this matter is DISMISSED for failure to file a brief. Per Curiam t TRUE COPY FROM RECORD Attest:' ,'VIC.' Deputy Prothonotary Superior Court of PA - Middle District M 7-1 :I olr? "? w Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Middle District Prothonotary James D. McCullough, Esq. January 2, 2008 Deputy Prothonotary Certificate of Remittal/Remand of Record TO: Mr. Curtis R. Long Prothonotary RE: Bingaman, R. v. Bingaman, K. No. 1235 MDA 2007 Trial Court/Agency Dkt. Number: 05-2757 Trial Court/Agency Name: Cumberland County Court of Common Pleas Intermediate Appellate Court Number: 100 Pine Street. Suite 400 Harrisburg, PA 17101 717-772-1294 www.superior.court.state.pa.us Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter aloi g with'`?a certified copy of Superior Court order dated 1/2/08. Contents of Original Record: Original Record Item Filed Date Description Part October 10, 2007 1 Date of Remand of Record: JAN 1 4 210 ORIGINAL RECIPIENT ONLY''r- Plebase 'ack`hbwledde receipt by signing, dating, and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. 0A n%lc &M Signature Printed Name /krc Date Cn .j IN THE SUPERIOR COURT OF PENNSYLVANIA Robert E. Bingaman, Jr. V. No. 1235 MDA 2007 Kelly H. Bingaman ORDER AND NOW, this 2nd day of January, 2008 the appeal in this matter is DISMISSED for failure to file a brief. Per Curiam TRUE COPY 'FROM RECORD Attest: JAN 14 2009 C - 40?-- 4*1 4w!n?rz Deputy thono ary Superior Coy:=: of PA - Middle District c n { a CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PENNSYLVANIA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: ROBERT E. BINGAMAN, JR VS. KELLY H. BINGAMAN 2005-2757 CIVIL 1235 MDA 2007 • The documents comprising the record have been numbered from No.l to 89, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 10-09-2007 . ~? Curti~:R. Long, Prothonotary Regina K. Lebo, Deputy An of is enclosed. Please sign and date cop RECORD FILED 1N SUPERIOR C p URT acknowledging receipt of this record. Date Signature Q'~itl~ ~ 2007 MIDDLE