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HomeMy WebLinkAbout95-04656 -J \ ,<' , -> '~-' . a- :g Ci5 :' . ). _,1"- ". ?J - 1- . - cD ". './ '.,0'" ..,',,- "./' ,:' >. .,'~. ,.}. ~ I . E I ~ 1 I J I , , I ! I , , I I I ~ J ... .. .; , ,. ",' . " "-,', "',' '':'.';.">':;; :,:;', .' KENNETH R. BINKLEY, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. r;'5 - 4 G '.i 0 (! L('~( -dCL-J,'-- ROBIN BINKLEY, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, , . ;~r.-tJt-. (,. /',CJj- , upon consideration of the attached Complaint, it is hereby directed that th~ parties and their respective counsel appear before M;, ~"'.'-I L. f-,..,~ t-~" the Conciliator, at SO~ S. I%'\h S-\. (r......" \l,lt , on the ~nrl day of -N 0 oJ (~bn- , 1995, at ~ e. m., for the 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. BYTHW ) ~ -. k A-" Wt':S<=r. Custody Conciliator ~p / The Courl of Common Pleas of Cumberland County is required by Law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearings or business before the Court. You must attend the scheduled conference or hearing.: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEJ.P. OFFICE OF THE COURT ADMINISTRATOR Cumberland County Court House Fourth Floor Carlisle, PA 17013 (&t8) 240-6200 7/7 $ep 6 2 52 f'M '95 'J ~ .. I r F 1(: c . t 'r,: r'i'"' , ;0- ~IIW" ,_, -./'. ,If.) P1-;i.!t{::;~' :;,~' ~~'I n tJ.ft, . tf.f t1J. L"tJf1. r,ta./d 1;; 4 ~~.. 9, (p 0/) '1Jtf/;0. I~ ~ d#' - rj -Irq{ Cd" ~.tfl 7'1. ,61~ fA. . KENNETH R. BINKLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY ,PENNSYLVANIA V. : NO, ROBIN K. BINKLEY, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is KENNETH R. BINKLEY, an adult who currently resides at 25 E. Main Street, P.O. Box 41, New Bloomfield, Perry County, Pennsylvania 17068. 2. Defendant is ROBIN K. BINKLEY, an adult who currently resides at 208 N. Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks custody of the parties' children: KENDRA M. BINKLEY. who was born on April 26, 1990; VICTORIA N. BINKLEY, who was born on April 28, 1992; and MYLAYLA M. BINKLEY, who was born on August 9, 1994; and each of whom is currently residing with the Defendant at 208 N. Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. 4. The children were not born out of wedlock. 5. The children are presently in the custody of the Defendant at 208 N. Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. 6. For the past five (5) years, the children have resided at the following addresses and with the following person(s): a) From May, 1995, to the present, with the Defendant at 208 N. Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. b) From May, 1995, to October, 1994, with both the Plaintiff and the Defendant, at 208 N. Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. c.) From July, 1993 to July, 1994, with both the Plaintiff and the Defendant, at P.O. Box 88, New Bloomfield, Perry County, Pennsylvania. d.) From July, 1992, to July, 1991, with both the Plaintiff and the Defendant, at 5 Market Street, Newport, Perry County, Pennsylvania. e.) From July, 1990, to July, 1991, with both the Plaintiff and the Defendant, at R.D. #1, Box 145, Newport, Perry County, Pennsylvania. 7. The mother of the children is ROBIN K. BINKLEY who currently resides at 208 N. Second Street, West Fairview, Cumberland County, Pennsylvania, 17025. She is married to the father. 8. The father of the children is KENNETH R. BINKLEY, who currently resides at 25 E. Main Street, P.O. Box 41, New Bloomfield, Perry County, Pennsylvania, 17068. He is married to the mother. 9. The relationship of the Plaintiff to the child is that of father. 10. The relationship of the Defendant to the child is that of mother. 11. The parties have not participated as parties or witnesses, or in any other capacity, in other litigation concerning custody of the children in this Honorable Court, or any other Court. 12. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth, or any other state. 13. The Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children, or who claims they have custody or visitation rights with respect to the children. 14. The best interests and permanent welfare of the children will be served by granting the relief requested because the Plaintiff is financially, emotionally, psychologically and spiritually able to meet the needs of the children; and because the Defendant suffers from active alcoholism which is not being treated; Defendant has repeatedly neglected children including leaving them alone and with no adult supervision or protection for long periods of time; and Defendant has regularly verbally abused children and used profanity in their presence. 15. Each parent has been named as parties 10 this action. There is no other person(s) who are known to have a claim to custody or visitation to the children. . , WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff sole legal custody of the children, and grant the Plaintiff physical custody of the children, with such rights of partial temporary custody and visitation to the Defendant as shall from time to time be mutually agreed to by Plaintiff and Defendant. Respectfully Submitted, r/1?J By: JE MAN, Esquire 320 orth Front Street Harrisburg, Pennsylvania 17110 (717) 236-9391 Supreme Court ID # 72657 Attorney for Plaintiff NOV () 21995 J:..... ROBIN K. BINKLEY. IN TIlE COURT OF CXltoItlON PLEAS OF Plaint iff for herself and on behalf of her minor children: Shannon Geesaman. Stephanie Geesaman. Clayton Geesaman. Ashley Geesaman, Alisha Geesaman, Kendra Binkley, Victoria Binkley, and Mylayla Binkley CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2737 CIVIL TERM v. PROTECTION FROM ABUSE AND CUSTODY KENNE'IlI R. BINKLEY, Defendant KENNE'IlI R. BINKLEY. Plaintiff IN TIlE COURT OF CQt.t.ION PLEAS OF . . CUMBERLAND COUNTY. PENNSYLVANIA v. Defendant NO. 95-4656 CIVIL TERM ~ CUSTODY ROBIN K. BINKLEY, RULE 1'0 SHOW CAUSE AND NOW, this J-tdaY of November, 1995, upon consideration of the within Petition to Dismiss CUstody Action which was filed by the Petitioner. Robin K. Binkley, a Rule is hereby granted on the Respondent, Kenneth R. Binkley, to show cause why his custody action captioned No. 95-4656 should not be dismissed. The rule is returnable at the conci lIat ion conference scheduled on Novellber 2. 1995, at 3:00 p... at the offices of Michael L. Bangs, at 302 North 18th Street, Le.oyne, CWlberland County, Pennsylvania. By the Court, TRUE COpy FROM RECORD In Testimony whereof, I hlliO unto set my hand and nle snal Qf said Gl,;UOI Jt Catli:;Ie, P-l, This ,7,...,( day (jl~'''''6' 19v~ , ),.1...... C. ')/fJ.l- .v...,,>. , . Prothonotary ,f-/ -'~d ~ f' ~_. Judge ROBIN K, BINKLEY, IN THE COURT OF COMMON PLEAS OF Plaint iff for herself and on behalf of her minor children: Shannon Geesaman, Stephanie Geesaman. Clayton Geesaman, Ashley Geesaman, Alisha Geesaman, Kendra Binkley, Victoria Binkley, and Mylayla Binkley CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2737 CIVIL TERM v, PROTECI'ION FROM ABUSE AriD CUSTODY -":I -- o~ c:> e -< r-' ~11'x'~, :r:!'I"'r ~ .- .. ~~ .~ ",~..;I:'t;J _ IN THE COURT O€~N~ OF 'J'ooc-'.')'" CD z";.:c:; CUMBERLAND ~~~ 'PEN!IYLVANIA ~., ..."" - ... c.o NO. 95-4656 CIVIL ~ KENNETH R. BINKLEY, Defendant KENNETH R. BINKLEY, Plaintiff v. ROBIN K. BINKLEY, Defendant CUSTODY Pm'ITION TO DISMISS CUSTODY ACI'ION 1, The petitioner, Robin K. Binkley (hereinafter the mother), resides at 208 2nd Street, West Fairview, Cumberland County, Pennsylvania 17025. 2. The respondent, Kenneth R. Binkley, (hereinafter the father) resides at 25 East Main Street, P.O. Box 41, New Bloomfield, Perry County, Pennsylvania 17068. 3. The mother and father are the parents of KendraM. Binkley, Victoria N. Binkley. and Mylayla M. Binkley (hereinafter the children). 4. The mother filed a Petition for Protection From Abuse and Custody on May 19, 1995, No. 95-2737 Civil Term, and Protection and Custody Orders were entered by Judge George E. Hoffer on July 5, 1995, pursuant to a Consent Agreement signed by the part ies who were both represented by counsel. See . -."- Exhibit A attached and incorporated by reference, 5. The father has not complied with any of the terms of this Court's CUstody Order of July 5, 1995. 6. On or about August 28, 1995. the father filed a custody action and denied that he had participated in any other custody action regarding the children, and failed to mention the CUstody Order of July 5, 1995, which remains in effect and with which he has failed to comply. 7. The father has been abusive to the children and the mother. has never demonstrated that he has the skills necessary to provide for the childrens' needs and has not complied with this Court's Order of July 5. 1995, regarding custody. 8. The mother has been the primary caretaker and the provider of the childrens' physical and emotional needs since their births, and their best interest and welfare would be served if they remain in her custody with visitation in the father as ordered by this Court on July 5, 1995. WHEREFORE, the petitioner, Robin K, Binkley, requests that this Court grant upon the respondent, Kenneth R. Binkley, a Rule to show Cause why the father's custody action should not be dismissed, and that this Court's CUstody Order of July 5. 1995, remain in full force and effect. The petitioner. Robin K. Binkley, requests any other relief that is just and proper. Respectfully submitted, LEXlAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (7t7) 243-9400 i '.:: ;: lc.c:~\.... ~ 1...;__...' \<"":"."'0'-- ROBIN K. BINKLEY, .: IN 'mE COURT OF COIoM>N PLEAS Of Plaintiff for herself and on behalf of her minor children:Shannon Geesaman, Stephanie Geesaman, CUMBERLAND COUNTY, PENNSYLVANIA Clayton Geesaman, Ashley Geesaman, Alisha Geesaman, Kendra Binkley, NO. 95-2737 CIVIL TERM Victoria Binkley, and: Mylayla Binkley v. PROTECTION FROM ABUSE AND CUSTODY KENNE11i R. BINKLEY, Defendant PROTECTION ORDER AND NOW, this ~ day of JUly, 1995, upon consideration of the Consent Agreement of the parties, the following Order is entered: 1. The defendant, Kenneth R. Binkley, is enjoined from physically abusing the plaintiff, Robin K. Binkley, and/or the minor children, Shannon Geesaman, Stephanie Geesaman, Clayton Geesaman, Ashley Geesaman, Alisha Geesaman, Kendra Binkley, Victoria Binkley and Mylayla Binkley, and from placing them in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant Is ordered to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives and the minor children. 4. The defendant is prohibited from entering the schools of the minor children or the day care facilities of the parties' minor children. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties. EXHIBIT A ( 6. The defendant is excluded from the plaintiff's residence located at 208 2nd Street, Carlisle, Cumberland County, Pennsylvania. 7. The defendant is ordered to stay away from any res idence the plaintiff may in the future establish for herself. 8. The defendant is ordered to pay support to the plain.iff and the parties' 3 minor children in the amount of $166,00 per week beginning June 23, 1995, payable to the plaintiff in the form of a check or money order, mailed to her residence with a special one-time payment of $350.00 in cash to be paid to the plaintiff on Wednesday, June 14, 1995. This and subsequent payments shall be credited to the defendant's support obligation. The defendant is further ordered to provide health coverage to the plaintiff and their three minor children, and to pay all of the unreimbursed medical expenses of the plaintiff and/or the minor children of rlefendant to the provider or to the plaintiff when she has paid for the medical treatment. 9. Court costs and fees are waived. 10. This Order shall remain in effect for a period of one (1) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 11. This Order may subject the defendant to: i) arrest under 23 Pa, C.S. 66113; ii) a private criminal complaint under 23 Pa, C.S. 66113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under Is! ~'-' E ~ George E. offer, J ge 23 Pa. C.S. g6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order, 12. The West Fairview Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 P,S. g 6113) . By the Court, Kristin Reinhold Mark T. Silliker Attorneys for Defendant TR~le COPY FRO~I' f-lECOMD In T~C".,'r"'lto ........,.. -, 1-- .;;",~. .,. .. . ."..,'1'il ...,.... I!.'.~ .:',!! ....u. ..~ . - . . '..' ~"'V ..... ,,'.. Iu.(r..l ilnd tllU,IiI.1id I,f '..I:cJ '~I ""'l,;'~ <-. ~ .. ... "_~' ,..,1'0, rt1. This ., 2;.-:;.dJY ),I~. 1;'; ~ t<., n.t....€e,..- "i ProthonCllAry Joan Carey LmAL SERVICES, INC. Attorney for Plaintiff ( ROBIN K. BINKLEY, .: IN 1lIE COURT OF COIoM>N PLEAS OF Plaintiff for herself and on behalf of her minor children:Shannon Geesaman, Stephanie Geesaman, CUMBERLAND COUNTY, PENNSYLVANIA Clayton Geesaman, Ashley Geesaman, Alisha Geesaman, Kendra Binkley, NO. 95-2737 CIVIL TERM Victoria Binkley, and: Mylayla Binkley v, PROTECTION fROM ABUSE AND CUSTODY KENNE'IlI R, BINKLEY, Defendant ~SEtlI' AnRF.IMlNI' "'- This Agreement is entered on this ...jq day of June, 1995, by the plaintiff, Robin K. Binkley, and the defendant, Kenneth R. Binkley. The plaintiff is represented by Joan Carey of LEXlAL SERVICES, INC,; the defendant is represented by Kristin Reinhold and Mark T, Silliker, The part ies agree that the following may be entered as an Order of Court. 1. The defendant, Kenneth R, Binkley, agrees to refrain from abusing the plaintiff, Robin K. Binkley, and/or the minor children and from placing them in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and harass the plaintiff's relatives and the minor children. 4. The defendant agrees not to enter the schools of the minor children or the day care facilities of the parties' minor children. 5, The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. (' 6. The defendant agrees to. stay away from the plaintiff's residence located at 208 2nd Street, West Fairview, CUmberland COunty, Pennsylvania. 7. The defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 8. The defendant agrees to pay interim sup~rt to the plaintiff and the parties' 3 minor children in the amount of $166.00 per week beginning Friday, June 23, 1995, and each Friday thereafter, payable to the plaintiff in the form of a check or money order, mailed to her residence pending the entry of an order by the CUmberland County Domestic Relations Office, with a special one-time payment of $350.00 in cash to be paid to the plaintiff on Wednesday, June 14, 1995. This and subsequent payments will be credited to the defendant's support obligation. The defendant agrees to provide health coverage to the plaintiff and the parties' 3 minor children, to pay all of the unreimbursed medical expenses of the plaintiff and their minor children of defendant to the provider or to the plaintiff when she has paid for the medical treatment. 9. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 10. The defendant understands that the Protection order entered in this matter will be in effect for a period of one (1) year and can be extended beyond that time if the COurt finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff on a continued basis, The defendant understands that this Order will be enforceable in the same manner as the COurt's prior Temporary Protection Ordor entered in this case. 11. Violation of the Protection Order may subject the defendant to: I) arrest under 23 Pa. C.S. 66113; ii) a private criminal complaint under 23 Pa. ( C,S. !I6113.1; Ii l) a charge of indirllct criminal contempt under 23 Pa, C.S. !I6114, punishable by imprisonment up to six ml>1lths and a fine of $100.00- $1,000.00; and iv) civil contempt under 23 Pa. C.S. !I6114.1. 12. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their children, Kendra Binkley, Victoria Binkley and MYlayla Binkley. a. The mother will have primary physical and legal custody of the children. b. The father will attend, participate in, and complete a certified parenting class prior to any supervised visits with the children. The father will enroll in the parenting class promptly after the entry of the Protection Order. C. The father will have supervised visitation with the children through the Supervised Visitation Program at the Carlisle YWCA after the successful completion of his parenting class. d. It is agreed by the parties that the custody provisions contained herein are intended to be temporary and may be modified upon further order of court if the father ini t iates a custody act ion. IWIEREFORE, the parties request that a Protection and CUstody Order be entered to reflect the above terms. ~Jl Kenneth, Jo Carey Attorney for P aintiff LmAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 ~ - ~in ~inh.O' d Mar. si 11 iker At orneys for Defendant 204 State Street Harrisburg, PA 17110 (717) 233-1000