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HomeMy WebLinkAbout06-7104 RICHARD A. BINNER, JR., Plaintiff VS. RACHEL A. AMON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.. 0& - -floq CIVIL ACTION - AT LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this 11th day of December, 2006, comes the Plaintiff, Richard A. Binner, Jr., by an through his attorney, Monica E. Baturin, Esquire, of the Law Offices of BATURIN & BATURIN, and files this Complaint for Custody and respectfully represents as follows: 1. The Plaintiff is, RICHARD A. BINNER, JR., an adult individual, sui juris, who currently resides at 1761 Kings Arms Court, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is RACHEL A. AMON, an adult individual, sui juris, who currently resides at F Co. 3-34 Inf. Bn, 3' Platoon Terminators, Ft. Jackson, South Carolina, 29207. 3. Plaintiff and Defendant were never married. The said minor children were born out of wedlock. 4. The Plaintiff and Defendant are the natural parents of two (2) minor children born during their relationship, KODY ALEXANDER (presently four years of age, born 10/25/2002) and KASEY ELIZABETH (presently four years of age, born 10/25/2002). The said minor children are the subject of this Custody Complaint. 5. Plaintiff seeks primary physical custody and shared legal custody of the parties' minor children, Kody Alexander and Kasey Elizabeth. 6. The aforementioned minor children are presently in the physical custody of their natural father, Richard A. Binner, Jr., the Plaintiff in the Custody Complaint. They reside with him at 1761 Kings Arms Ct., in New Cumberland, Cumberland County, Pennsylvania, 17070. 7. Since their birth on October 25, 2002 the said twins have lived at the following addresses with the following persons: DATE ADDRESS 9-06 to present 1761 Kings Arms Court New Cumberland, PA 17070 7-06 to 9-06 17 East Lisburn Road Mechanicsburg, PA 17055 1-14-05 to 7-06 508 Mount Alter Drive Mechanicsburg, PA 17055 8-23-03 to 1-05 Alternating two-week schedule: 508 Mount Alter Drive Mechanicsburg, PA 17055 Virginia Beach, VA Birth - August 2003 Virginia Beach, VA The exact address was unknown at the time. CUSTODY Natural Father Natural Father Natural Father and Paternal Grandparents Natural Father and Paternal Grandparents Natural Mother Natural Mother and her friend's family. - 2 - 8. The relationship of the Plaintiff in the Custody action to subject minor children is that of natural father. 9. The relationship of the Defendant in the Custody action to subject minor children is that of natural mother. 10. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor children. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of said minor children will be served by granting the relief requested because: a. Plaintiff/natural father is well able to adequately provide for the continuing health, educational needs and general welfare of said children; b. Plaintiff/natural father is well able to adequately provide for said children with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; C. Plaintiff/natural father has been a primary caretaker of the children since their birth and has been the primary caretaker of them since January 14, 2005; d. It is in the best interest of the children generally that primary physical and shared legal custody be granted to the children's natural father, RICHARD A. BINNER, JR., Plaintiff herein. - 3 - WHEREFORE, Plaintiff, Richard A. Binner, Jr., requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order granting primary physical custody and shared legal custody of said minor children, Kody Alexander and Kasey Elizabeth, to the Plaintiff, Richard A. Binner, Jr. Respectfully submitted, BATURIN & BATURIN By: ?l C_a M nica E. Baturin Attorney ID #73356 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 Attorney for Plaintiff Dated: December 11 , 2006 - 4 - VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS CUSTODY COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. 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: December 1 1 , 2006 Richard A. Binner, Jr. C) rJ 9' > m r- d -G RICHARD A. BINNER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RACHEL A. AMON DEFENDANT 06-7104 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, December 18, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January. 12, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Gilroy, 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 W- Y- -e/ 1©4b/, r/ 'g1bf-t' JAN 16 2001 t4 RICHARD A BINNER, JR, Plaintiff v RACHEL A. AMON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 106-7104 IN CUSTODY COURT ORDER AND NOW, this / )" day of January, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Richard A. Binner, Jr., shall enjoy legal and primary physical custody of the minor children, Kody Alexander Amon and Kasey Elizabeth Amon, both born on October 25, 2002. 2. The mother, Rachel A. Amon, shall enjoy periods of temporary custody with the minor children at such times and under such circumstances as agreed upon by the parties. 3. In the event the parties are unable to reach an agreement on mother's periods of temporary custody with the minor children and mother wants to expand her periods of temporary custody or in any way modify this Custody Order, mother may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. If an agreement cannot be reached at that Conference, mother may request that a hearing be scheduled before the Court. In light of mother's residency in South Carolina and in the event mother wants to have another Conciliation Conference scheduled, mother may retain legal counsel who may contact the Custody Conciliator directly to schedule a telephone conference call between counsel for the parties and the Conciliator so that mother does not need to travel to Pennsylvania solely for the Conciliation Conference. BY THE COURT, cc:)onica E. Baturin, Esquire (achel A. Amy ? , ,?? to ? ???? ? ? ? ''????? G ? : ?`?? ? ? ?? ? i ?u JL ??,,., , ^?r 1.'a?r- a. ??? RICHARD A BINNER, JR., Plaintiff v RACHEL A. AMON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 106-7104 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. 2. 3. 4. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kody Alexander Amon, born October 25, 2002 and Kasey Elizabeth Amon, born October 25, 2002. A Conciliation Conference was held on January 12, 2007, with the following individuals in attendance: The father, Richard A. Binner, Jr., with his counsel, Monica E. Baturin, Esquire. The mother did not appear. The mother phoned the Conciliator's office a day before the Conciliation requesting a continuance and indicating she was in military boot camp. At the Conciliation Conference, the father indicated that he has had primary custody of the minor children for at least the past year. He suggested that the onl=y time mother saw the children in 2006 was in July when the parties arranged a visitation at i a halfway point between mother's home in South Carolina and father's home in Cumberland County. 5. Based upon the circumstances in this case and the facts as set forth above, the Conciliator recommends an Order in the form as attached. DATE Hubert X. Gilroy, Esquir Custody Conciliator RICHARD A. BINNER, JR., Plaintiff/Respondent V. RACHEL A. AMON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7104 CIVIL TERM : IN CUSTODY PETITION FOR CONTEMPT AND MODIFICATION Petitioner, Rachel A. Amon, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as Mother, resides at 4803 B McNerney Street, Fort Carson, El Paso County, Colorado, 80902. It is noted for the Court that Mother has been married to her husband since September 2006, prior to the filing of this action. Since September 2006, Mother has used her married name, Rachel Lee, not Rachel Amon, as indicated in the caption of this matter. 2. Respondent, hereinafter referred to as Respondent resides at 1761 King's Arms Court, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The above-named parties are the natural parents of Kody Alexander Amon and Kasey Elizabeth Amon, both born October 25, 2002. 4. The current Custody Order, attached as Exhibit "A" and incorporated herein by reference, is dated January 18, 2007, and was entered by the Honorable Kevin A. Hess. The Order, in pertinent part, grants Respondent legal and primary physical custody of Kody and Kasey and grants Mother periods of partial physical custody at times as the parties may agree. 5. Respondent has willfully disobeyed the Order in ways including, but not limited to, the following: a. Refusing to permit Mother to exercise any periods of temporary physical custody since July 2007, either in Colorado, where Mother is presently stationed, or in Pennsylvania, where Mother visits her immediate family when granted leave. b. Refusing to allow Mother reasonable telephone contact with Kody and Kasey. c. Refusing to communicate with Mother about the custody schedule or work cooperatively with Mother to allow even minimal periods of partial physical custody when Mother is on leave and in Pennsylvania. 6. Respondent is not acting in Kody's and Kasey's best interests for reasons including, but not limited to, the following: a. Respondent has deliberately and willfully denied Mother periods of partial physical custody with Kody and Kasey in ways set forth in Paragraph Five of this Petition for Contempt and Modification. b. Respondent refuses to allow the children to go to Colorado to visit with Mother, claiming that he does not want the children on an airplane. c. Respondent refused to allow Mother periods of partial physical custody when she was in Cumberland County Pennsylvania. d. Respondent has thwarted Mother's attempts to exercise any periods of partial physical custody since July 2007. e. Respondent's actions in failing to allow reasonable periods of partial custody or reasonable telephone contact between Mother and the children interferes with the appropriate and healthy mother/child relationships that are imperative to Kody and Kasey's ongoing emotional development and well being. 7. Mother is entitled to a modification of the January 18, 2007 Order, which is in Kody's and Kasey's best interest, for reasons including but not limited to the following: a. Mother wants to maintain the relationships that she has established with Kody and Kasey and it is imperative that the children have regular and ongoing contact with Mother for their emotional well being and development. b. Mother is able to care for the children on a primary basis and has a safe and nurturing home environment in which to care for the children. c. Mother is willing to work cooperatively with Respondent to co-parent the children and as a primary custodian, Mother will ensure that Respondent has consistent, ongoing contact both in person and by telephone with the children in order to nurture the parent/child relationships they have. 8. Counsel for Mother has attempted to contact Respondent's prior counsel, Monica Baturin, Esquire to request her concurrence with the relief requested. Due to conflicting schedules, the undersigned has been unable to speak directly to Attorney Baturin and is therefore unable to determine whether she would or would not concur with the relief requested. WHEREFORE, Mother respectfully requests the following: a. That this Court find Respondent in contempt of the existing January 18, 2007, Court Order. b. That this matter be scheduled for an expedited custody conciliation to establish terms of a modified custody schedule inasmuch as the 2007-2008 school year is coming to a close and Mother is available to accept custody of the children as of that date. c. That Mother be granted reasonable contact via telephone and written correspondence with Kody and Kasey when they are in Respondent's custody. d. Any other relief this Court finds just and proper. Jes4ccfa Holst, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Petitioner, Rachel A. Amon (Lee), verifies that the statements made in the above Petition for Contempt and modification are true and correct. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ^Q ( ?? Date: Rachel A. Amon (Lee) JAN 16 2007 i RICHARD A BINNER, JR., plaintiff v RACHEL A. AMON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 106-7104 IN CUSTODY COURT ORDER AND NOW, this / p' day of January, 2,007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Richard A. Binner, Jr., shall enjoy legal and primary physical custody of the minor children, Kody Alexander Amon and Kasey Elizabeth Amon, both born on October 25, 2002. 2. The mother, Rachel A. Amon, shall enjoy periods of temporary custody with the minor children at such times and under such circumstances as agreed upon by the parties. 3. In the event the parties are unable to reach an agreement on mother's periods of temporary custody with the minor children and mother wants to expand her periods of temporary custody or in any way modify this Custody Order, mother may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. If an agreement cannot be reached at that Conference, mother may request that a hearing be scheduled before the Court. In light of mother's residency in South Carolina and in the event mother wants to have another Conciliation Conference scheduled, mother may retain legal counsel who may contact the Custody Conciliator directly to schedule a telephone conference call between counsel for the ?x1„b,t F4 parties and the Conciliator so that mother does not need to travel to Pennsylvania solely for the Conciliation Conference. BY THE COURT, cc:onica E. Baturin, Esquire . 6chel A. Amy ? ? :g t??? 61 F? ? t" L??Z i RICHARD A BINNER, JR., plaintiff v RACHEL A. AMON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLV INIA CIVIL ACTION - LAW NO. 106-7104 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-$(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kody Alexander Amon, born October 25, 2002 and Kasey Elizabeth Amon, born October 25, 2002. 2. A Conciliation Conference was held on January 12, 2007, with the following individuals in attendance: The father, Richard A. Binner, Jr., with his counsel, Monica E. Baturin, Esquire. The mother did not appear. 3. The mother phoned the Conciliator's office a day before the Conciliation requesting a continuance and indicating she was in military boot camp. 4. At the Conciliation Conference, the father indicated that he has had primary custody of the minor children for at least the past year. He suggested that the onl=y time mother saw the children in 2006 was in July when the parties arranged a visitation at a halfway point between mother's home in South Carolina and father's home in Cumberland County. 5. Based upon the circumstances in this case and the facts as set forth above, the Conciliator recommends an Order in the form as attached. r DATE Hubert X. Gilroy, Esquir Custody Conciliator RICHARD A. BINNER, JR., Plaintiff/Respondent V. RACHEL A. AMON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7104 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Petitioner, Rachel A. Amon, hereby certify that I have served a copy of the forgoing Petition for Contempt and Modification on the following date and in the manner indicated below: U.S. First Class Certified Mail, Return Receipt Monica Baturin, Esquire 2604 North Second Street Harrisburg, PA 17110 Date: ) y 0? - 4#-, A Jes Hol- t, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 ,e.., 7 ?i? _..y 0 RICHARD A. BINNER, JR., Plaintiff/Respondent W. RACHEL A. AMON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-7104 CIVIL TERM IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Rachel A. Amon, Petitioner, to proceed in forma ap uperis. I, Jessica Hoist, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. AW essic st, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ?:? ? ' _ 4 ./ ? . C?.: ] . . , e ?. ? J t _? . ? ? 1' : ^t..a ??': ._.. ..- ""' j :.ll ??.. ?. RICHARD A. BINNER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-7104 CIVIL ACTION LAW RACHEL A. AMON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 29, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 - r/ ? ? '?? A? 5a- , s j; rpr'+ nit ! 'r1. J-O JUL 0 $ 200B RICHARD A. BINNER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RACHEL A. AMON, NO. 2006-7104 Defendant IN CUSTODY COURT ORDER AND NOW, this /0? day of July, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthouse on the 7' day of August, 2008, at 9:30 a. in. At this hearing, the Mother shall be the moving parry and shall proceed initially with testimony. 2. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, each parties' position on custody at this time, a list of witnesses who will be called on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 3. Pending further Order of this Court, the following temporary Custody Order is entered: A. The father, Richard A. Binner, Jr., and the mother, Rachel A. Amon, shall enjoy shared legal custody of Kody Alexander Amon and Kasey Elizabeth Amon, both born October 25, 2002. B. The Father shall enjoy primary physical custody of the minor children. C. The Mother shall enjoy temporary custody of the minor children at such times as agreed. Additionally, Mother shall have custody of the children when she arrives in Cumberland County for the hearing on August 7' and may maintain custody until she leaves Cumberland County after the hearing. The potential of Mother having custody of the children later into the summer and having the ability to take the children to Colorado will be addressed at the above-mentioned hearing. BY THE COURT, Kev' A. Hess, Judge cc: Jessica Holst, Esquire Monica Baturin, Esquire ?°`-' /6- 9_1 V 1NVA 116 N N c', 8 1 • I I WV 01 Inr 0001 AWCA I OLOdd 3HI ?O , CjjjA RICHARD A. BINNER, JR., Plaintiff VS. RACHEL A. AMON, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006-7104 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kody Alexander Amon and Kasey Elizabeth Amon, both born October 25, 2002 2. A Conciliation Conference was held on July 7, 2008, with the following individuals in attendance: The mother, Rachel A. Amon, who appeared with her counsel, Jessica Holst, Esquire, and the father, Richard A. Binner, Jr., with his counsel, Monica Baturin, Esquire. 3. The parties had previously had a custody conciliation conference at which time it was worked out for the Mother to have a week of custody with the minor children. The Mother has not had a great deal of physical contact with the minor children over the past three years and she is currently living in Colorado and serving in the military. 4. The Conciliator has arranged a hearing which Judge Hess for August 7 to cover the contingency of the parties not being able to work out a long-term agreement. Even though the Mother had one week of custody with the children at her family's home in Oil City, Pennsylvania, the Mother desires to take the children back to Colorado for the remainder of the summer and to work out a more definitive schedule for custody during the school year. Mother is also seeking an Order suggesting that both parents have shared legal custody. 5. Father is not objecting to the shared legal custody request. Father does, however, have a concern with respect to Mother taking the children to Colorado for the remainder of the summer or for any lengthy period of time at this point. This issue, along with what will ultimately be a custody schedule on a more permanent basis, needs to be worked out after a hearing in this case and various issues are explored through testimony. The Conciliator recommends an Order in the form as attached. Date: July b '2008 Hubert X. Gilro , Esquire Custody Conc` iator RICHARD A. BINNER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW RACHEL A. AMON (LEE), NO. 06-7104 CIVIL Defendant ORDER AND NOW, this -2-(. ` day of September, 2008, both parties and their counsel have agreed to the terms set forth in this order and, as a result, it is hereby ordered, adjudged and decreed that the custody of the parties' minor children, Kody Alexander Amon and Kasey Elizabeth Amon, both born October 25, 2002, and presently five years old, shall be as follows: 1. The parties shall share legal custody of Kody and Kasey as that term is defined in Pa.C.S.A. §5302. Major decisions concerning Kody and Kasey including, but not necessarily limited to, Kody and Kasey's health, welfare, education, religious training and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising Kasey and Kody, keeping in mind Kasey and Kody's best interest being paramount. Each party agrees not to attempt to alienate Kasey and Kody's affections from the other party, and neither party shall make disparaging remarks about the other in Kasey or Kody's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning Kasey and Kody that could reasonably be expected to be of concern or interest to the other. Day to day decisions shall be the responsibility of the parent having physical custody, whether primary or partial. With regard to emergency decisions which must be made, the parent having physical custody of Kasey and Kody at the time of the emergency shall be permitted to make any immediate decisions 9-z dS ?? necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor or professional concerning Kasey and Kody, and to receive any and all relevant reports or other written information generated by such individuals concerning Kasey and Kody, and a copy of this order shall act as authority to any such professional to release information regarding Kasey and Kody to either parent upon request. 2. Father shall have primary physical custody of Kasey and Kody while mother shall enjoy partial physical custody as set forth herein. 3. Mother's periods of partial physical custody shall be as follows: a. During the summers, mother shall have an extended period of partial physical custody of Kasey and Kody. i. This extended period of custody shall begin one week after school is released for the summer and shall end in time to allow three full weeks with father prior to the start of the next school year. ii. Transportation for mother's extended summer visitation shall be shared by the parties hereto with the responsibility being on the receiving party. Natural mother solely shall bear the cost of transportation for any other period of partial custody that occurs outside the Commonwealth of Pennsylvania. It will be the decision of the transporting party as to the form of transportation, and it will be the responsibility of the transporting party to pay the costs of the selected form of transportation. The children shall have an adult escort during the transportation process. If either party is unable to personally be present for transportation, they must provide notice to the other party of the adult who will be retrieving Kasey and Kody. iii. The parties must notify each other regarding dates and times for transportation. If inclement weather or other unforeseen circumstances interfere with the ability to transport the children according to the agreed upon schedule, the parties will discuss how to adjust the exchanges accordingly. b. During the academic year, the parties will alternate extended time during holiday breaks to ensure that mother has periods of partial physical custody during those times. i. In even-numbered years, mother shall have partial custody of Kasey and Kody during winter break. This period of partial custody shall begin the day school is released for winter break and shall end the day prior to the start of school at the end of winter break. ii. In odd-numbered years, mother shall have partial custody of Kasey and Kody during the Thanksgiving and Easter breaks. These periods of partial custody shall begin the day school is released for each break and shall end the day prior to the start of school at the end of each break. iii. During periods of shorter holiday breaks, mother may exercise her periods of partial custody in Pennsylvania or at any location her family may be celebrating the holiday. Mother shall provide father with all contact information pertaining to where the periods of partial custody will take place. iv. Transportation shall be shared by the parties with the responsibility being on the receiving party. It will be the decision of the transporting party as to the form of transportation, and it will be the responsibility of the transporting party to pay the costs of the selected form of transportation. The children shall have an adult escort during the transportation process. If either party is unable to personally be present for transportation, they must provide notice to the other party of the adult who will be retrieving Kasey and Kody. v. The parties must notify each other regarding dates and time for transportation. If inclement weather or other unforeseen circumstances interfere with the ability to transport the children according to the agreed upon schedule, the parties will discuss how to adjust the exchanges accordingly. c. Mother may have periods of partial physical custody at other times as agreed upon by the parties. These periods of partial custody may occur in Colorado, Pennsylvania, or any other location in which mother may be residing, visiting or vacationing. Mother shall provide father with all contact information pertaining to where the periods of partial custody will take place. 4. The parties agree that the will always provide each other with current contact information pertaining to Kasey and Kody, including changes of address or telephone numbers. e 5. Both parties shall be entitled to reasonable telephone access to Kasey and Kody while they are with the other parent and neither parent shall frustrate the other parent's reasonable telephone access to Kasey and Kody. 6. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is directed between the parties, and not through Kasey and Kody or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties. 7. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. 8. This court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both parties agree in writing to transfer jurisdiction to any other appropriate court. BY THE COURT, ,Monica Baturin, Esquire For the Plaintiff essica Holst, Esquire For the Defendant A Arn ,<4. x d, Kevin Hess, J. RICHARD A. BINNER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW RACHEL A. AMON (LEE), NO. 06-7104 CIVIL Defendant ORDER AND NOW, this I;r day of October, 2008, it having been brought to the court's attention that there is a conflict in our order of September 26, 2008, between paragraphs 3(a)(ii) and 3(b)(iv), our order is modified as follows: 1. Paragraph 3(a)(ii) is amended so that the first sentence shall read: Transportation for mother's extended summer visitation as well as the hereinafter mentioned periods of custody during winter break shall be shared by the parties hereto with the responsibility being on the receiving party. 2. Paragraph 3(b)(iv) is VACATED. In all other respects, the terms and conditions of our order of September 26, 2008, shall remain in full force and effect. Xonica Baturin, Esquire evin . For the Plaintiff Jessica Holst, Esquire J For the Defendant :rlm \?w1 BY THE COURT, KHess, J. ,? `,?. Y?'_'a ? t..l-? ' ,2., . `` ' ?? ? ?V= ?tt . ? r _ J U -.?-? ;i t..? ! ? ? © ? ?' N ? LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Richard A. Binner, Jr. RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06-7104 CIVIL RACHEL A. ANION (LEE), : CIVIL ACTION — LAW Respondent : CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, this 11th day of June, 2014 comes the Petitioner, Richard A. Binner, Jr, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Petitioner is Richard A. Binner, Jr. an adult individual currently residing at 1237 York Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is Rachel A. Amon (Lee), an adult individual currently61) residing at 6300 Milgen Road, Apartment 1233, Columbus, Georgia 31907. 1 18g ciA'01 Cti rak 2#� 3G73¢S 3. Petitioner and Respondent are the natural parents of Kody Alexander Amon and Kasey Elizabeth Amon, born October 25, 2002. 4. Attached hereto and marked Exhibit "A" is a copy of an Order of Court dated September 26, 2008 setting forth the custodial arrangements between the parties. Simultaneously herewith, Father has filed a Complaint to Modify Custody Order in connection with Mother's summer partial custodial period. 6. Respondent contacted Petitioner Sunday, May 4, 2014 and informed him that she would be getting the children for the summer, per the Order of Court dated September 26, 2008, and that she would call him back on Tuesday, May 6, 2014 to confirm the arrangements for travel. 7. Respondent did not call Petitioner until the weekend of June 7, 2014 and again informed your Petitioner that she would be providing him with flight information for the children to visit with her per the September 26, 2008 Order of Court. 8. Father informed Mother that the parties' daughter had Girl Scout Camp scheduled for June 27 through June 29, 2014, and that the parties' son had football practice starting July 28, 2014, and requested Mother to taking the 2 children from July 1st through July 26, 2014 instead of the entire summer per the Order of Court. 9. Mother refused indicating that it was her time and she was keeping them. 10. As of the filing of the Petition for Emergency Relief, Mother has not contacted Father with the travel information. 11. Since the Order was entered on September 26, 2008, Mother has had the following periods of visitation: a. Christmas of 2008 b. Full summer in 2009 c. Three weeks during the summer of 2011. 12. Mother did request the summers of 2010 and 2012; however, Mother is in the United States Army and was stationed in Germany during those two summers, and Father felt the children were too young to travel to Germany; they did not have passports and Father did not believe it was in the best interest of the children. 13. With the exception of Christmas in 2008, Mother has not enjoyed any of the holidays provided per the Order of September 26, 2008 with the minor children. 14. Mother has had limited contact with the minor children even via telephone. The last telephone call with the children was October 25, 2013. 3 15. Mother called Father on February 23, 2014, March 5, 2014, and April 13, 2014 asking to speak with the children; however, Father informed Mother that she was calling during the day when Father was at work and the children were not present. When Father has the children return the calls in the evenings, Mother does not answer and messages are left. 16. Due to Mother's sporadic contact with the children, and the fact that she does not notify Father with any advance notice of her summer intentions, the children desired to schedule activities for the summer of 2014. 17. It is not fair to the children that they cannot enjoy their summer activities, as in the past, they had not enrolled in activities assuming their Mother would visit with them, and Mother never made arrangements for the partial custodial periods to occur. 18. The minor children do not desire to visit with their Mother and miss their extracurricular- activities._ 19. The parties' son has enrolled in football for the first year and football practice commences July 28, 2014. 20. The parties' daughter has signed up for Girl Scout Camp from June 27 through June 29, 2014. 21. Father does not desire to keep the children from Mother, but is simply requesting that Mother's partial custodial periods for the summer of 2014 4 commence July 1st and end on July 26, 2014, which will permit the children to participate in their scheduled activities. WHEREFORE, the Petitioner, Richard A. Binner, Jr., respectfully prays your Honorable Court to grant the emergency relief requested and to Order the partial custodial rights of the Mother for the summer of 2014 shall commence on July 1, 2014 and shall end on July 26, 2014. Respec lly submitted, BY: 5 Lk , Lane M. D ls, Esquire 1400 No : Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW RACHEL A. AMON (LEE), : NO.06-7104 CIVIL Defendant . ORDER AND NOW, this .z -b ` day of September, 2008,.both parties and their counsel have agreed to the terms set forth in this order and, as a result, it is hereby ordered, adjudged and decreed that the custody of the parties' minor children, Kody Alexander Amon and Kasey Elizabeth Amon, both born October 25, 2002, and presently five years old, shall be as follows: 1. The parties shall share legal custody of Kody and Kasey as that term is defined in Pa.C.S.A. §5302. Major decisions concerning Kody and Kasey including, but not necessarily limited to, Kody and Kasey's health, welfare, education, religious training and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising Kasey and Kody, keeping in mind Kasey and Kody's best interest being paramount. Each party agrees not to attempt to alienate Kasey and Kody's affections from the other party, and neither party shall make disparaging remarks about the other in Kasey or Kody's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning Kasey and Kody that could reasonably be expected to be of concern or interest to the other. Day to day decisions shall be the responsibility of the parent having physical custody, whether primary or partial. With regard to emergency decisions which must be made, the parent having physical custody of Kasey and Kody at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor or professional concerning Kasey and Kody, and to receive any and all relevant reports or other written information generated by such individuals concerning Kasey and Kody, and a copy of this order shall act as authority to any such professional to release information regarding Kasey and Kody to either parent upon request. 2. Father shall have primary physical custody of Kasey and Kody while mother shall enjoy partial physical custody as set forth herein. 3. Mother's periods of partial physical custody shall be as follows: a. During the summers, mother shall have an extended period of partial physical custody of Kasey and Kody. i. This extended period of custody shall begin one week after school is released for the summer and shall end in time to allow three full weeks with father prior to the start of the next school year. ii. Transportation for mother's extended summer visitation shall be shared by the parties hereto with the responsibility being on the receiving party. Natural mother solely shall bear the cost of transportation for any other period of partial custody that occurs outside the Commonwealth of Pennsylvania. It will be the decision of the transporting party as to the form of transportation, and it will be the responsibility of the transporting party to pay the costs of the selected form of transportation. The children shall have an adult escort during the transportation process. If either party is unable to personally be present for transportation, they must provide notice to the other party of the adult who will be retrieving Kasey and Kody. iii. The parties must notify each other regarding dates and times for transportation. If inclement weather or other unforeseen circumstances interfere with the ability to transport the children'. according to the agreed upon schedule, the parties will discuss how to adjust the exchanges accordingly. b. During the academic year, the parties will alternate extended time during holiday breaks to ensure that mother has periods of partial physical custody during those times. i. In even -numbered years, mother shall have partial custody of Kasey and Kody during winter break. This period of partial custody shall begin the day school is released for winter break and shall end the day prior to the start of school at the end of winter break. ii. In odd -numbered years, mother shall have partial custody of Kasey and Kody during the Thanksgiving and Easter breaks. These periods of partial custody shall begin the day school is released for each break and shall end the day prior to the start of school at the end of each break. iii. During periods of shorter holiday breaks, mother may exercise her periods of partial custody in Pennsylvania or at any location her family may be celebrating the holiday. Mother shall provide father with all contact information pertaining to where the periods of partial custody will take place. iv. Transportation shall be shared by the parties with the responsibility being on the receiving party. It will be the decision of the transporting party as to the form of transportation, and it will be the responsibility of the transporting party to pay the costs of the selected form of transportation. The children shall have an adult escort during the transportation process. If either party is unable to personally be present for transportation, they must provide notice to the other party. of the adult who will be retrieving Kasey and Kody. v. The parties must notify each other regarding dates and time for transportation. If inclement weather or other unforeseen circumstances interfere with the ability to transport the children according to the agreed upon schedule, the parties will discuss how to adjust the exchanges accordingly. c. Mother may have periods of partial physical custody at other times as agreed upon by the parties. These periods of partial custody may occur in Colorado, Pennsylvania, or any other location in which mother may be residing, visiting or vacationing. Mother shall provide father with all contact information pertaining to where the periods of partial custody will take place. 4. The parties agree that the will always provide each other with current contact information pertaining to Kasey and Kody, including changes of address or telephone numbers. 5. Both parties shall be entitled to reasonable telephone access to Kasey and Kody while they are with the other parent and neither parent shall frustrate the other parent's reasonable telephone access to Kasey and Kody. 6. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is directed between the parties, and not through Kasey and Kody or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties. 7. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. 8. This court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both partiess agree in writing to transfer jurisdiction to any other appropriate court. ✓Monica Baturin, Esquire For the Plaintiff essica Hoist, Esquire For the Defendant S :rim BY THE COURT, RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION _ LAW RACHEL A. AMON (LEE), : NO. 06-7104 CIVIL Defendant ORDER AND NOW, this t day of October, 2008, it having been btbiight to the court's attention that there is a,conflict in our order of September 26, 2008, between paragraphs 3(a)(ii) and 3(b)(iv), our order is modified as follows: 1. Paragraph 3(a)(ii) is amended so that the first sentence shall read: Transportation for mother's extended summer visitation as well as the hereinafter mentioned periods of custody during winter break shall be shared by the parties hereto with the responsibility being on the receiving party. 2. Paragraph 3(b)(iv) is VACATED. In all other respects, the terms and conditions of our order of Sep teriiber 26, 2008, shall remain in full force and effect. onica Baturin, Esquire For the Plaintiff tressica Hoist, Esquire For the Defendant :rim BY THE COURT, VERIFICATION I verify that the statements made in this Petition for Emergency Custody 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. Richard A. Binner, Jr. DATE: 67(9��y LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Richard A. Binner, Jr. RICHARD A. BINNER, JR., 1N THE COU ZT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. . : No. 06-7104 CIVIL RACHEL A. AMON (LEE), : CIVIL ACTION — LAW Defendant : CUSTODY COMPLAINT TO MODIFY CUSTODY ORDER AND NOW, this 11th day of June, 2014 comes the Plaintiff, Richard A. Binner, Jr, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Richard A. Binner, Jr. an adult individual currently residing at 1237 York Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Rachel A. Amon (Lee), an adult individual currently residing at 6300 Milgen Road, Apartment 1233, Columbus, Georgia 31907. 1 00A- s .°° gosj �2# Y73U 3. Plaintiff and Defendant are the natural parents of Kody Alexander Amon and Kasey Elizabeth Amon, born October 25, 2002. 4. Attached hereto and marked Exhibit "A" is a copy of an Order of Court dated September 26, 2008 setting forth the custodial arrangements between the parties. Simultaneously herewith, Father has filed a Petition for Emergency Relief in connection with Mother's summer partial custodial period. 6. At the time the Order of September 26, 2008 was entered, the children were five (soon to be six years of age) and they did not have summer. activities. 7. The children are now 11 years of age, and have summer activities, extracurricular activities, which they desire to attend. 8. Mother has not kept faith with the Order since September of 2008 on any regular basis. 9. It is in the best interest of the minor children that their schedules be considered in connection with the partial custodial rights of Mother and that the Order of Court dated September 26, 2008 be modified. WHEREFORE, the Plaintiff, Richard A. Binner, Jr., respectfully prays your Honorable Court to modify the partial custodial rights of the Mother for consideration of the children's activities. •Respectfully submitted, BY: 3 Diane M. Ds, Esquire 1400 Nort , Second Street First Flo. , Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW RACHEL A. AMON (LEE), : NO. 06-7104 CIVIL Defendant ORDER AND NOW, this 24 ` day of September, 2008, both partieY and their counsel have agreed to the terms set forth in this order and, as a result, it is hereby ordered, adjudged and decreed that the custody of the parties' minor children, Kody Alexander Amon and Kasey Elizabeth Amon, both born October 25, 2002, and presently five years old, shall be as follows: 1. The parties shall share legal custody of Kody and Kasey as that term is defined in Pa.C.S.A. §5302. Major decisions concerning Kody and Kasey including, but not necessarily limited to, Kody and Kasey's health, welfare, education, religious training and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising Kasey and Kody, keeping in mind Kasey and Kody's best interest being paramount. Each party agrees not to attempt to alienate Kasey and Kody's affections from the other party, and neither party shall make disparaging remarks about the other in Kasey or Kody's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning Kasey and Kody that could reasonably be expected to be of concern or interest to the other. Day to day decisions shall be the responsibility of the parent having physical custody, whether primary or partial. With regard to emergency decisions which must be made, the parent having physical custody of Kasey and Kody at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, the parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor or professional concerning Kasey and Kody, and to receive any and all relevant reports or other written information generated by such individuals concerning Kasey and Kody, and a copy of this order shall act as authority to any such professional to release information regarding Kasey and Kody to either parent upon request. 2. Father shall have primary physical custody of Kasey and Kody while mother shall enjoy partial physical custody as set forth herein. 3. Mother's periods of partial physical custody shall be as follows: a. During the summers, mother shall have an extended period of partial physical custody of Kasey and Kody. i. This extended period of custody shall begin one week after school is released for the summer and shall end in time to allow three full weeks with father prior to the start of the next school year. • ii. Transportation for mother's extended summer visitation shall be shared by the parties hereto with the responsibility being on the receiving party. Natural mother solely shall bear the cost of transportation for any other period of partial custody that occurs outside the Commonwealth of Pennsylvania.' It will be the decision of the transporting party as to the form of transportation, and it will be the responsibility of the transporting party to pay the costs of the selected form of transportation. The children shall have an adult escort during the transportation process. If either party is unable to personally be present for transportation, they must provide notice to the other party of the adult who will be retrieving Kasey and Kody. iii. The parties must notify each other regarding dates and times for transportation. If inclement weather or other unforeseen circumstances interfere with the ability to transport the children according to the agreed upon schedule, the parties will discuss how to adjust the exchanges accordingly. b. During the academic year, the parties will alternate extended time during holiday breaks to ensure that mother has periods of partial physical custody during those times. i. In even -numbered years, mother shall have partial custody of Kasey and Kody during winter break. This period of partial custody shall begin the day school is released for winter break and shall end 'the day prior to the start of school at the end of winter break. ii. In odd -numbered years, mother shall have partial custody of Kasey and Kody during the Thanksgiving and Easter breaks. These periods of partial custody shall begin the day school is released for each break and shall end the day prior to the start of school at the end of each break. iii. During periods of shorter holiday breaks, mother may exercise her periods of partial custody in Pennsylvania or at any location her family may be celebrating the holiday. Mother shall provide father with all contact information pertaining to where the periods of partial custody will take place. iv. Transportation shall be shared by the parties with the responsibility being on the receiving party. It will be the decision of the transporting party as to the form of transportation, and it will be the responsibility of the transporting party to pay the costs of the selected form,of transportation. The children shall have an adult escort during the transportation process. If either party is unable to personally be present for transportation, they must provide notice to the other party of the adult who will be retrieving Kasey and Kody. v. The parties must notify each other regarding dates and time for transportation. If inclement weather or other unforeseen circumstances interfere with the ability to transport the children according to the agreed upon schedule, the parties will discuss how to adjust the exchanges accordingly. c. Mother may have periods of partial physical custody at other times as agreed upon by the parties. These periods of partial custody may occur in Colorado, Pennsylvania, or any other location in which mother may be residing, visiting or vacationing. Mother shall provide father with all contact information pertaining to where the periods of partial custody will take place. 4. The parties agree that the will always provide each other with current contact information pertaining to Kasey and Kody, including changes of address or telephone numbers. 5. Both parties shall be entitled to reasonable telephone access to Kasey and Kody while they are with the other parent and neither parent shall frustrate the other parent's reasonable telephone access to Kasey and Kody. 6. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is directed between the parties, and not through Kasey and Kody or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties. 7. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. 8. This court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both parties agree in writing to transfer jurisdiction to any other appropriate Court. Baturin, Esquire For the Plaintiff 1(ssica Hoist, Esquire For the Defendant :rim BY THE COURT, RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW RACHEL A. AMON (LEE), Defendant : NO. 06-7104 CIVIL ORDER AND NOW, this / V day of October, 2008, it having been brought to the court's attention that there is a conflict in our order of September 26, 2008, between paragraphs 3(a)(ii) and 3(b)(iv), our order is modified as follows: 1. Paragraph 3(a)(i) is amended so that the first sentence shall read: Transportation for mother's extended summer visitation as well as the hereinafter mentioned periods of custody during winter break shall be shared by the parties hereto with the responsibility being on the receiving party. 2. Paragraph 3(b)(iv) is VACATED. In all other respects, the terms and conditions of our order of September 26, 2008, shall remain in full force and effect. �nica Baturin, Esquire For the Plaintiff /Jessica I-Iolst, Esquire For the Defendant :rim BY THE COURT, VERIFICATION I verify that the statements made in this Complaint to Modify Custody Order 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: 4, (q 1144 3.� Richard A. Binner, Jr. RICHARD A. BINNER, JR., Plaintiff Vs. RACHEL A. AMON (LEE), Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, (' C ---, PENNSYLVANIA r, NO. 06-7104 Civil !^` ., iq)5 CUSTODY f.. CRIMINAL RECORD/ABUSE HISTORY AFFIDAVIT., C) .y I, RICHARD A. BINNER, JR., hereby swear or affirm, subject to penalties of WA/ _1 including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any member of my household have been convicted, pled guilty or pled no contest to any of the following crimes in Pennsylvania or in any other jurisdiction: Check all that apply Crime Other Self Household Name Member Date of Conviction Sentence or Plea Contempt for violation of a ❑ Protection from Abuse order ❑ ❑ or agreement; Driving under the Influence ❑ of alcohol or a controlled ❑ ❑ substance or drugs; Possession, sale, delivery, ❑ manufacturing or offering for sale any controlled substance or other drug or device; ❑ ❑ ❑ Criminal homicide; Murder; ❑ ❑ ❑ Aggravated Assault; ❑ ❑ ❑ Terroristic threats; ❑ ❑ ❑ Stalking; ❑ ❑ O Kidnapping; ❑ ❑ O Unlawful restraint; 0 ❑ Check all that apply Crime ❑ False imprisonment; Other Date of Self Household Name Conviction Member or Plea ❑ ❑ Sentence Luring a child into a motor vehicle or structure; ❑ El Rape, statutory sexual ❑ assault, involuntary deviate sexual intercourse, sexual assault, aggravated indecent assault, indecent assault, indecent exposure, sexual abuse of children, sexual exploitation of children, sexual intercourse with an animal or incest; ❑ ❑ Sex offender non-compliance ❑ with registration requirements, statute, court order, probation or parole, or other requirements under 18 Pa. C.S.A. §3130 and 42 Pa. C.S. §9795.2; ❑ ❑ Arson and related offenses; ❑ ❑ ❑ Concealing death of a child; E. ❑ Endangering the welfare of ❑ children; ❑ ❑ Trading, bartering, buying, ❑ selling or dealing in infant children; Prostitution and related offenses; ❑ ❑ ❑ ❑ Obscene and other sexual ❑ materials and performances; ❑ ❑ Corruption of minors or unlawful contact with a minor; ❑ ❑ 2 2. Unless indicated by my checking the box next to a crime below, neither I nor any member of my household have a present and/or past history of violent or abusive conduct, except as listed below: Check all that apply Crime Other Self Household Date Member A finding of abuse by a ❑ Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ ❑ Abusive conduct as defined ❑ under the Protection from ❑ ❑ Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: ❑ ❑ Please list any evaluations, counseling or other treatment received following conviction: If any conviction above applies to a household member, not a party, state that person's relationship to the child(ren). Signature Ridn64el R.%1� fir. Printed Name 3 ON 0'71'11, i‘ 2014 JUN I 7 10 tin CONBERI„ A ND COUNT r' PENNSYLVANIA RICHARD A. BINNER, JR., IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs: : No. 06-7104 CIVIL RACHEL A. AMON (LEE), : CIVIL ACTION — LAW Respondent : CUSTODY CERTIFICATE OF SERVICE I, DIANE M. DILS, ESQUIRE, hereby certify that a true and correct copy of the Petition for Emergency Relief and Complaint to Modify Custody Order have been served upon the Defendant, Rachel A. Amon (Lee) by Certified Mail No. 7011 3500 0001 9987 2762 by depositing said documents in the United States Post Office at Harrisburg, Pennsylvania on this 16th day of June, 2014 addressed as follows: Rachel A. Amon (Lee) 6300 Milgen Road Apartment 1233 Columbus, GA. 31907 June 16, 2014 Diane 0. Iils, Esquire 1400 N. Second Street Harrisburg, Pa. 17102 (717) 232-9724 I.D. No. 71873 RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : • RACHEL A. AMON (LEE) : Defendant : NO. 06-7104 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 20th day of June, 2014, upon consideration of Plaintiff's Petition for Emergency Relief, this matter is referred to Hubert X. Gilroy, Esq., Custody conciliator, to be heard at the conciliation conference scheduled for July 18, 2014, at 8:30 a.m., Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, f,i4< Christyfee L. Peck, J. iane M. Dils, Esq. q 1400 N. Second Street Harrisburg, PA 17102 Attorney for Plaintiff Rachel A. Amon (Lee) 6300 Milgen Road, Apt. 1233 Columbus, GA 31907 Defendant, pro Se Hubert X. Gilroy, Esq. : • ' 10 East High Street Carlisle, PA 17013 2Ai •42;,-ems, Custody Conciliator :rc RICHARD A. BINNER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA i- V. 2006-7104 CIVIL ACTION LAW RACHEL A. AMON (LEE) • IN CUSTODY r'--~ DEFENDANT • `� C ORDER OF COURT AND NOW, Friday,June 20,2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,July 18,2014 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. /l'P J /41,/%Q O/ Cumberland County Bar Association 32 South Bedford Street • Carlisle, Pennsylvania 17013 Di LS �� Telephone (717)249-3166 9 Av ((-" It itio y, RICHARD A. BINNER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V : 2006-7104 CIVIL ACTION - LAW c '' rn RACHEL A. AMON (LEE), :7' rr-- Defendant : IN CUSTODY zT , PRIOR JUDGE: The Honorable Kevin A. Hess > c-) r; y COURT ORDER c.. f4, AND NOW, this /).cam day of July, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Custody Conciliation scheduled for August 7, 2014, at 9:30 a.m. shall continue as scheduled with the understanding that the mother, Rachel A. Amon (Lee,) may participate via telephone. 2. Pursuant to an agreement of the parties, the mother shall have custody of the minor children, Kody Alexander Amon and Kasey Elizabeth Amon, born October 25, 2002, from July 1, 2014, through August 1, 2014. The children shall be returned to the father, Richard A. Binner, Jr., on August 1, 2014. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc: ",PJiane M. Dils, Esquire Rachel A. Amon(6300 Milgen Road, Apt. 1233 Columbus, GA 31907) �'es 11(1.0 (15.1_ BY THE COURT, RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2006-7104 CIVIL ACTION - LAW RACHEL A. AMON (LEE), Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kody Alexander Amon and Kasey Elizabeth Amon, born October 25, 2002. 2. The parties agree to the entry of an Order in the form as attached. Date: July if "(, 2014 Hubert X. Gilroy, quire Custody Concilia r Or 0 RICHARD A. BINNER, JR., Plaintiff v RACHEL A. AMON (LEE), Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA C : 2006-7104 CIVIL ACTION - LAWo 1 m rn IN CUSTODY r- < PRIOR JUDGE: The Honorable Kevin A. Hess COURT ORDER -o d y.7 - AND NOW, this /Yi day of September, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A pre-trial conference is scheduled in the above case on the0, day of 2014, at/0:04 a...m. in Courtroom No. fof the Cumberland County Courthouse. The parties are directed to proceed with filing a pre-trial statement with the Court and the other party consistent with Pennsylvania Rule Of Civil Procedure 1915.4-4. 2. A hearing is scheduled in Court Room No. Nof the Cumberland County Courthouse on the 5' c, day of 4 e 201 at 9 :.3 tt„m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. 3. Pending further Order of this Court, the existing Custody Orders in this matter shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, /rtee,( Jcssin-.EA7-1-irss7Judge cc: e M. Dils, Esquire ./Rachel A. Amon(6300 Milgen Road, Apt. 1233 Columbus, GA 31907) gj' aLiAisk. ,�j,Y RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2006-7104 CIVIL ACTION - LAW RACHEL A. AMON (LEE), Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Custody Conciliator conducted a Custody Conciliation Conference on September 9, 2014. Present were the father, Richard A. Binner, Jr., with his counsel Diane Dils, Esquire, and the mother, Rachel A. Amon, who appeared via telephone without counsel. 2. Father has filed a petition to modify the existing Court Order to limit mother's time during the summer because of activities of the children. Mother suggested she may agree, but wanted make up time during the year which father would not agree to. The parties were unable to reach an agreement and a hearing is necessary. 3. The Custody Conciliator recommends the entry of an Order in the form as attached. Date: September q , 2014 Hubert X. ilroy, Esquire Custod onciliator RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2006-7104 CIVIL ACTION - LAW RACHEL A. AMON (LEE), Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Kevin A. Hess MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than '/2 day. Date: September , 2014 ubert X. Gilroy, ,''squire Custody Concil'.v' or RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2006-7104 RACHEL A. AMON (LEE), : CIVIL ACTION - LAW Defendant : IN CUSTODY C-) f'I z h 1221 rrt .-...:- z;:3 '--1 -:Z-I -t rn cis.,' i Al c:� ...<..4 C) t r•- -- I c) PRAECIPE TO ENTER APPEARANCE x MC— >C4 —4 c..a -.=- -< N3 ...,.- Kindly ..,rKindly enter my appearance for Defendant, Rachel A. Amon (Lee), in the above captioned matter. Dated: October 6, 2014 Respectfully Submitted, JACOBSON, JULIUS & MCPAR land Attorney I.D. No.: 209669 8150 Derry Street, Ste A Harrisburg, PA 17111 717-909-5858 717-909-7788 (fax) 1 RICHARD A. BINNER, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2006-7104 RACHEL A. AMON (LEE), CIVIL ACTION - IN CUSTODY Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: „'7- _- Please withdraw the appearance of Scott McPartland and Jacobson; Julius & i'vjcP artldna Defendant, Rachel A. Amon (Lee), in the above -captioned matter. Date: ,i/cjr cPartland ttorney I.D. No. 209669 8150 Derry Street, Ste. A Harrisburg, PA 17111 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Scott McPartland and Cipriani & Werner, P.C. for Defendant, Rachel A. Amon (Lee), in the above matter. Date: ,44/ CIPRIANI& WERNER, P.C. cPartland Attorney I.D. No. 209669 1011 Mumma Road, Ste. 201 Lemoyne, PA 17043-1145 717-975-9600 717-975-3846 [fax] CERJIFICATE OF SERVICE AND NOW, this / day of 2014, I hereby certify that I have served a copy of the within document on the following via regular ma I, addressed to: Diane Dils, Esquire Dils & Dils 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 Attorney for Plaintiff By: Respectfully submitted, Cipriani & Werner, P.C. RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW RACHEL A. AMMON (LEE), : Defendant : NO. 06-7104 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 18th day of December, 2014, this being the time and place for a pre-trial custody conference, and this Court having met in chambers with counsel on behalf of both parties, and this court having further, pursuant to an agreement of the parties, met with both children in chambers, off the record, to briefly discuss the parties' proposed resolutions to the matter with the children, it is ordered that this matter shall remain scheduled for a hearing as previously scheduled on February 5, 2015. It appears the parties have likely reached a resolution of this matter, and that the parties may be submitting a proposed order, stipulated to by both counsel, for the Court to order. BY THE COURT, i Christylee L. Peck, J. ./ Diane M. Dils, Esq. 1400 North Second Street First Floor, Front Harrisburg, PA 17102 Attorney for Plaintiff i ott McPartland, Esq. 1011 Mumma Road Suite 201 Lemoyne, PA 17043-1145 Attorney for Defendant :rc 'es IT -6 L Cct /19//y tip UD c) CD t GJ r, C') RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No.2006-7104 RACHEL A. AMON (LEE), : CIVIL ACTION - LAW Defendant : 1N CUSTODY DEFENDANT'S MOTION FOR CONTINUANCE OF TRIAL AND NOW, comes Defendant, Rachel A. Amon (Lee), by and through her attorneys, Cipriani & Werner, who hereby files this Motion for Continuance of Trial, and in support thereof states the following: 1. The above captioned case is scheduled for a Custody Trial to commence on February 5, 2015 at 9:30 a.m. 2. ,Defendant/Mother currently resides in Columbus, Georgia. 3. Plaintiff/Father has primary physical custody of the two minor children at issue in this case. 4. The primary issue for resolution at trial was an appropriate partial physical custody schedule for Mother. 5. Mother has just secured employment in the Carlisle area and anticipates relocating to Cumberland County in the next 5 weeks. 6. As a result of Mother's. relocation to Cumberland County, the trial on February 5, 2015 is premature. 7. Counsel would like an opportunity to work out an appropriate custodial schedule between the parties given the significant change that is occurring in this case. 2 8. Undersigned counsel respectfully requests a trial continuance of at least 60 days or the referral of the case back to conciliation. 9. Plaintiff/Father is represented by Diane M. Dils. 10. Attorney DiIs does not object to this continuance request. WHEREFORE, Defendant respectfully requests this Honorable Court enter the attached Order granting a trial continuance. Dated: 01/08/2015 3 Respectfully Submitted, CIPRIANI & WERNE cPartland Attorney I.D. No.: 209669 1011 Mumma Road, Ste. 201 Lemoyne, PA 17043 717-975-9600 FAX: 717-975-3846 RICHARD A. BINNER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2006-7104 RACHEL A. AMON (LEE), : CIVIL ACTION - LAW Defendant : 1N CUSTODY CERTIFICATE OF SERVICE I, Scott McPartland, do hereby certify that a copy of the foregoing document was this day served upon the following person in the manner indicated below: DATED: 01/08/2015 FIRST CLASS MAIL Diane M. Dils Dils & Dils 1400 North Second St., 1st Fl. Front Harrisburg, Pa 17102 4 RICHARD A. BINNER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2006-7104 RACHEL A. AMON (LEE), : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER AND NOW, THIS %`%tom day of , 2015 upon consideration of the attached Motion for Continuance, and cause appearing therefore, it is hereby ORDERED as follows: 1. The Custody Trial scheduled for February 5, 2015 at 9:30 a.m. is hereby continued to \f)i/may a' Courtroom No. 5 . Distribution: , 2015 beginning at ?' ??. Q • n/ in BY THE COURT: -01-6z4 Chri ylee L. Peck, Judge ./�°tt McPartland, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 .-Diane M. Dils, 1400 North Second Street, 1st Floor Front, Harrisburg, PA 17102