HomeMy WebLinkAbout06-6052
STACY B. WOLF, ESQUIRE
ATTORNEY ID NO. 88732
10 WEST HIGH STREET
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
TRAVIS L, BINGAMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
MOLLY A. BINGAMAN,
Defendant
.
: NO. 2006 - tJ. 0:;-.2 CIVIL TERM
: IN CUSTODY
COMPLAINT FOR CUSTODY
NOW comes the plaintiff, by his attorney, Stacy B. Wolf, Esquire, and files this complaint
and agreement for custody, representing as follows:
1. The plaintiff is Travis L. Bingaman, an adult individual residing at 14 Courtney
Drive, Shippensburg, Cumberland County, Pennsylvania 17257.
2. The defendant is Molly A. Bingaman, an adult individual residing at 329 Farmington
Drive, Shippensburg, Cumberland County, Pennsylvania 17257.
3. The parties are the natural parents of one minor child namely, Alaurra C. Bingaman
(born October 12, 2001, age 5).
4. The child has resided primarily with Father since the parties' separation in
December, 2003.
5. The plaintiff has not participated as a party, witness or in any other capacity in other
litigation concerning the custody of the child in this or another court.
6. The plaintiff has no information regarding any other custody proceeding concerning
the child pending in a court of this Commonwealth.
7. The plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to the child.
8. The plaintiff believes and therefore avers that the best interests and permanent
welfare of the child require that Father have sole legal and physical custody of the child, in
accordance with their mutual agreement.
9. Both parties, as evidenced by their joint execution of this complaint, have mutually
agreed upon an amicable arrangement for the legal and physical custody of the child and request that
the Court enter an order as provided below without the necessity of a hearing:
A The Father shall have sole legal custody of the parties' minor child, Alaurra
C. Bingaman (born October 12, 2001, age 5),
B. The Father shall have sole physical custody of the child.
C. Father's custody will be subject to Mother's right to visitation from time to
time as the parties may agree.
D. In the event of the breach of the agreement of the parties by any party, the
nonbreaching party shall have the right to file a petition for contempt of court and to seek
specific performance of the terms of the agreement of the parties. All costs, expenses and
reasonable attorney fees incurred by the successful party in any litigation to obtain an order
of contempt or specific performance of this agreement shall be recoverable as part of the
judgment entered by the court.
E. Any modification or waiver of any of the provisions of the agreement of the
parties shall be effective only if made in writing and only if executed with the same formality
of the agreement of the parties.
F. The Court of Common Pleas of Cumberland County has jurisdiction over
these issues and shall retain such jurisdiction should circumstances change and any party
desire further or require further modification of said Order.
WHEREFORE, the plaintiff and defendant respectfully request that the Court enter an
Order providing for the legal and physical custody of the child as aforesaid.
~/r I~ ,2006
/&~ 73 ~
STACY B. w~' .
Attorney for Plaintiff
. . r ).
VERIFICATION AND
CONFIRMATION OF AGREEMENT
We do hereby verify that the acts set forth in this complaint are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904,
relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation,
we do each unequivocally express our mutual and voluntary agreement to the amicable custody
arrangement provided above and request that the terms thereof be entered as an Order of Court
without the necessity of a custody conciliation, hearing or other proceeding.
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COMMONWEALTH OF PENNSYLVANIA:
:55:
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, 2006
, 2006
COUNTY OF CUMBERLAND
On this, the J!e. clay of Ct.}-abet ,2006, before me, the undersigned officer, personally
appeared 1RA VIS L. BINGAMAN, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument and acknowledged that he executed same for the
pmposes therein contained.
COMMONwEi ~br~s\~~~REOF, I hereunto set my hand and official seal.
Nathan~~PUblic ~" ~~';/7 (SEAL)
Carlisle Boro, Cumberland County .____ . ,/
My Commission Expires Apr, 19,2008 Nota ub ,..//
Member, Pennsylvania Association Of Notaries
COMMONWEALTH OF PENNSYLVANIA:
:55:
COUNTY OF CUMBERLAND
On this, the ~ clay of ()(;-\-obtr ,2006, before me, the undersigned officer, personally
appeared MOLLY A. BINGAMAN, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument and acknowledged that she executed same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my han
COMMONWEAL TH OF PENNSYLVANIA
Notarial Sea;
Nathan C. Wolf, Notary PUblic
CarIisJe ~. Cumber/arid County
My Commission Expires Apr 19, 2008
Me b .--.
mer. Pennsylvania t"\GSoci:::i; ~Oii Or Notaries
(SEAL)
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TRAVIS L. BINGAMAN,
Plaintiff
OCT 1 R 7nm;
: IN THE COURT OF COMMON PLEks-OFM ~/
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
MOLLY A. BINGAMAN,
Defendant
: NO. 2006 - ~Of5d... CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this 22:J day of (!) e.. t, ' 2006 upon presentation and consideration of
the within complaint and the stipulation and agreement incorporated therein, and upon agreement
of the parties, it is hereby ordered and decreed as follows:
A The Father shall have sole legal custody of the parties' minor child, Alaurra.
C Bingaman (born October 12, 2001, age 5),
B. The Father shall have sole physical custody of the child.
C Father's custody will be subject to Mother's right to visitation from time to
time as the parties may agree.
D. In the event of the breach of the agreement of the parties by any party, the
nonbreaching party shall have the right to file a petition for contempt of court and to seek
specific petfonnance of the tenns of the agreement of the parties, All costs, expenses and
reasonable attorney fees incurred by the successful party in any litigation to obtain an order
of contempt or specific petfonnance of this agreement shall be recoverable as part of the
judgment entered by the court.
E. Any modification or waiver of any of the provisions of the agreement of the
parties shall be effective only if made in writing and only if executed with the same formality
of the agreement of the parties.
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F, The Court of Common Pleas of Cumberland County has jurisdiction over
these issues and shall retain such jurisdiction should circumstances change and any party
desire further or require further modification of said Order.
BY THE COURT,
J.
Distribution:
Stacy B, Wolf, Esquire
For Plaintiff
~~
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Molly A Bingaman
Pro 5 e
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