ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF

Plaintiff,

Holder of the Key(s), CUMBERLAND COUNTY, PENNSYLVANIA

vs. CIVIL ACTION - LAW

KELLY H. BINGAMAN, NO. 05-1200 CIVIL TERM

Defendant,

Affiant Victim and Witness to Criminal Activities, IN DIVORCE

ORDER OFCOUR T

NOW THIS day of . 20 , upon review

and consideration of the Defendant, Kelly H. Bingaman, demand by relator, hereby Demand

for Leave of this Court to accept all filings and answer to the opposing parties Preliminary

Objections is set before the Court and is hereby GRANTED,

It is hereby further ORDERED, ADJUDICATED AND DECREED that because pleading by opposing

parties was insufficiently crafted in accordance with the rules of procedures, the Demand

moving said Court for its striking and dismissal with prejudice will also be Granted, and is moot

because said Defendant has subsequently filed her Demand to Amend the Original

proceedings.

It is so Ordered.

By the Court

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DISTRIBUTION:

Defendant, Kelly H. Bingaman

1605 Bradley Avenue

Hummelstown, Pennsylvania

Near [17036-9999j, in the Republic

PENNSYLVANIA REPRESENTATIVE

SHERYL M. DELOZIER

2929 GETTYSBURG ROAD, SUITE 6

CAMP HILL, PA. 17011

PENNSYLVANIA SENATOR

PATRICIA H. VANCE

3806 MARKET STREET

CAMP HILL, PA. 17011

TOWNSHIP MANAGER KENNETH M. MARTIN, PRESIDENT

100 GETTYSBURG ROAD

MECHANICSBURG, PA. 17055

MAYOR JACK RITTER

36 WEST ALLEN STREET

MECHANICBURG, PA. 17055

JOSEPH D. CARACIOLO,

FORMAN, FOREMAN & CARACIOLO

112 MARKET STREET 6TH FL.

HARRISBURG, PA. 17101

ROBERT E. BINGAMAN JR.,

386 LEWIS BERRY ROAD

NEW CUMBERLAND, PA. 170870

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ROBERT E. BINGAMAN, JR., IN THE COURT OF COMMON PLEAS OF

Plaintiff/Counter Defendant,

Holder of the Key(s), CUMBERLAND COUNTY, PENNSYLVANIA

vs. CIVIL ACTION - LAW

KELLY H. BINGAMAN, NO. 05-1200 CIVIL TERM

Defendant/Counter Plaintiff,

Affiant Victim and Witness to Criminal Activities,

And,

Shipley Energy Company Hourly

Employees' Pension Plan Benefit,

As a Failure of Plaintiff/Counter Defendant to Join, Rule 2232(a),

2229(d) Permissible Joinder; And the Equal Rights Amendment

Article 1 sect. 28 Pa. Const. 1968,

Necessary Defendant, under claim of the Counter Plaintiff,

And,

ANY AND ALL MEDICAL INSURANCE held for Employees' by

Shipley Energy, As a Failure of Plaintiff/Counter Defendant

to Join, Rule 2232(a), 2229(d) Permissible Joinder; And the

Equal Rights Amendment Article 1 sect. 28 Pa. Const. 1968,

Necessary Defendant, under claim of the Counter Plaintiff,

And,

Shipley Energy, as the custodian, of such pensions and insurances,

By Joinder As a Failure of Plaintiff/Counter Defendant to Join, Rule

2232(a), 2229(d) Permissible Joinder; And the Equal Rights

Amendment Article 1 sect. 28 Pa. Const. 1968,

Necessary Defendant, under claim of the Counter Plaintiff,

DEFENDANT/COUNTER PLAINTIFF'S DEMAND TO AMEND & TO CHANGE THE DIVORCE DECREE FOR CRIMINAL VIOLATIONS OF FOREGERY BY FALSIFICATION ALTERING OR COUNTERFEITING DOCUMENTS TO CONCEAL CRIMINAL

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ACTIVITIES UNDER SECTION 3307(B)(1) AND 3301(A)(1-3), and (6), NOTWITHSTANDING OTHER VIOLATIONS OF THE DIVORCE CODE; AND FURTHER JOINS PLAINTIFF'S PENSION, MEDICAL AND 401K PLANS TO THIS HERE ACTION FOR FAULT DIVORCE:

AND NOW COMES, Petitioner and Relator, KELLY H. BINGAMAN, information and

facts before this Court, and one of the inherited constituents of, "We the People, All Rights

Restored and Reserved, Never Waived," Standing in Propria Persona Sui Juris, not "Pro Se ".

Entering said court by Special Appearance not by General.

Defendant/Counter Plaintiff moves to JOINDERipursuant to Rule 2232(a), 2229(d) for

Permissive Joinder and the Equal Rights Amendment Article 1 sect. 28 of Pa. Const. 1968; to

add to these proceedings as Necessary Defendant(s) of Plaintiff/Counter Defendant's Pension

Plan, named Shipley Energy Company Hourly Employees' Pension Plan Benefit, and any and

All Medical Insurance plan held by said company on behalf of this Employee and Plaintiff/

Counter Defendant ROBERT E. BINGAMAN, JR., the Joining of Shipley Energy, Company,

itself, as a Necessary failed to join entity, as the keeper and custodian of records, information,

insurances policies, and pension plans; Only as necessary party to these proceeding but in light

of the Plaintiff/Counter Defendant's intent to conceal such information and assets to unlawfully

deprive said Defendant/Counter Plaintiff of protected rights and property that should have been

afforded unto her from the onset of these proceedings.

1. Rule 2229 Permissive joinder (d) A plaintiff who asserts a cause of action ex contract may join as

defendants all or any one or more persons alleged to be liable to the plaintiff on or by reason of the

breach of the contractual obligation sued upon, regardless of the capacities in which such persons

are respectively liable or whether they are primarily or secondarily liable or whether their liabilities

arise from the same or separate acts or undertakings; but where the liability of any defendant is

solely joint, the plaintiff shall join all other persons jointly liable with such defendant.

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2. Rule 2232. Defective joinder; change of parties. 3. (a) The cause of action of a person required to join in an action as a party plaintiff by Rule 2228 shag

be barred by failing to join therein if the defendant has given such person such notice of the pendency of the action as the court by local rule or special order shall direct.

4. (b) Joinder of unnecessary parties is not ground for dismissal of an action. After notice to all other parties, a party may be dropped by order of the court whenever the party has been misjoined or no claim for relief is asserted against the party in the action by any other party.

5. (c) At any stage of an action, the court may order the joinder of any additional person who could have joined or who could have been joined in the action and may stay all proceedings until such person has been joined. The court in its discretion may proceed in the action although such person has not been made a party if jurisdiction over the person cannot be obtained and the person is not an indispensable party to the action.

6. (d) When a plaintiff joins two or more defendants and the evidence does not justify a recovery against all of them, the court shall enter a nonsuit or direct a verdict in favor of any defendant not shown to be liable either jointly, severally or separately, and the action shall continue and determine which of the remaining defendants are jointly, severally or separately liable with the same effect as though the defendants found to be liable were the only ones joined. As in other cases the court may enter judgment notwithstanding the verdict in favor of or against any of such defendants.

7. (e) In any action to enforce a joint liability, the entry of a judgment against one or more of the defendants shall not bar recovery in the same action against the other defendants or bar recovery in a separate action against the defendants named in the first action but not served.

8. (f) In any action to enforce a joint and several liability, the entry of a judgment against one or more of the defendants shall not bar recovery against the other defendants in the same or separate actions or bar recovery in a separate action against any other person jointly and severally liable with the defendants.

9. (g) In a separate action instituted under the authority or subdivision (e) or (f) of this rule, the person against whom a judgment has been previously entered shall not again be joined as a party.

Defendant/Counter Plaintiff moves to Amend & Change the Divorce Decree due to the

FRAUD & unlawful criminal Activities of the above captioned Plaintiff, now Counter

Defendant, that he & his attorney attempted to conceal & cover-up bringing Fraud upon the

Court in violation of Pa. criminal code 1904. Defendant/Counter Plaintiff moves for this

Amendment & Change for the following:

1. Defendant/Counter Plaintiff asserts that both previous filings by the aforementioned

Plaintiff/Counter Defendant; one for a Fault Divorce, which was later abandon by him,

the second for a No Fault Divorce under the disguise of Irretrievable breakdown, pursuant

to Rule 3301(d), was a well calculated/intentional perpetration of Fraud and false claims

by the Plaintiff/Counter Defendant to bringing Fraud upon this Courts by him with full 3

knowledge and consent of his attorney of record; with forethought and malice with

the intent to deceive and defraud this court and this Defendant/Counter Plaintiff.

2. Defendant/Counter Plaintiff puts this Court on Notice that at no time, nor at this stage,

was it ever her intent, nor does she intends to oppose the illegal, unlawfully obtained,

under handedly, ill-gotten DIVORCE DECREE; enacted and done by this court without

my knowledge or consent and unlawful continued Government Corruption, Tyranny,

and Interference in these matters; said Defendant & Counter Claimant only intent is to

modify, amend, to change and to finally obtain Equal, Equitable, Fair and Just relief;

with proper lawful and legal property division that have been unlawfully under the

`Color of Law' snuffed right out from underneath said Petitioner, in violation of well-

established Pennsylvania and all State of the Union of these United States Divorce Laws

and procedures.

3. Defendant/Counter Plaintiff moves that her Divorce Status be Amended and Changed

from the false proclamation of the Plaintiff/Counter Defendant and this Court by the

Recused Judge Hess as Irrevocably broken, that completely flew in the fact of clear

and substantial evidence that this marriage had ended from the egregious, immoral

interference committed Marital Misconduct by the Plaintiff/Counter Defendant and

his current wife of an "UNHOLY UNION", for where they both were married to other

individuals at the time of their salutary adulterous affair, that disrupted and brutally

ended (2) two marriages and not just (1); being the proximate cause of the unlawful

and unaware desertion and abandonment of the marital union, by said Plaintiff/Counter

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Defendant, unbeknown to this here Petitioner. Therefore, this Petitioner and Counter

Claim moves for a changed Divorce Decree of a Fault Divorce pursuant to 23 Pa. C.S.A

3301(a) (1), (2), (3) and (6); in favor of this Defendant/Counter Plaintiff. See a true and

correct copy of the Private Investigator Report uncovering the adulterous affair to be

marked as Exhibit "B" at length as fully set and incorporated herein, proving adulterous

affair carried on during the marital union of the parties.

4. Defendant/Counter Plaintiff puts this Court on Notice that it was a part of the Plaintiff/

Counter Defendant's false pretenses to entrap, solicit, con, and deceive Defendant/Counter

Plaintiff into the false perception aka belief that there were possibilities that our marriage

was not irretrievably broken, that all times during his self-imposed separation, he would

be working with me to try and repair our marriage, and said Defendant/Counter Plaintiff

have witnesses to his false acclamation, even to his prior attorney, whom dismissed him

as a client, and refused to aid him in his subterfuge and promulgation of FRAUD upon

this Court, like it is clear that his present attorney of record is so willing and eager to

avail himself to be a party thereof. Former attorney will be subpoenaed and records obtain

to bare witness to these Truths.

5. Defendant/Counter Plaintiff asserts that said Plaintiff/Counter Defendant employed his

deception upon said Defendant/Counter Plaintiff so that when one would speak unto the

Court of the contention of her ex-spouse, he and his attorney would imply and falsely

scorn and defame said Defendant/Counter Plaintiff; as crazy, and the one who was trying

to hold on to an keep an unwanted marital relationship, which was further from the truth

when the courts had full knowledge that the Defense attorney(s) were being neglectful

and uninformative to this Petitioner and failed to file and advance her true wishes and

issues before the court, therefore, a lot of meritious claims were left behind and not

properly adjudicated before this court. And Defendant/Counter Plaintiff puts this Court

on Notice that this is not the first time said Plaintiff/Counter Defendant has cheated and

carried on adulterous affairs, with our marriage, he would ask for forgiveness, and I would

because I really truly loved him, and valued our marital undertaking and vows and took

them seriously and sacredly; that does not goes to say, that if he would have been truthful

with me, and told me that he wanted out of the marriage that I would have been hell bent

on making him stay. I wanted the best for him and if releasing him from the marriage is

what would have been best for him, and he wanted to go, I would have allowed it to

happen. I just did not want to be left with nothing, like I am now, I'd only wanted my fair

share and something to come back to me for all that I had put into and contributed, to him

in the marriage, like him getting a good paying jobs, before we got married, and after

we were married, where I carried the family the entire time of his on again off again

employment status, and I became the sole financial supporter of our family without

complaint and more. I knew and figured that I at least deserved that and there are more

and ample well-established laws that concur with my contention, that says I do.

6. Defendant/Counter Plaintiff demands to be finally allowed to be able to make her claim

for economical relief, proper marital property division of any and all known & unknown

"community properties" as well as "commingled' property used and continuously used to

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support the ongoing "UNHOLY UNION' of Plaintiff/Counter Defendant & his current

wife, whom was and is the proximating cause of the degradation and destruction in our

marital break down, by her intrusion, interference and their ongoing adulterous affair.

back to the incorporated investigation report that proves that current wife was and is the

other party involved in Plaintiff/Counter Defendant's Marital Misconduct, see Exhibit

"B" by reference.

7. Defendant/Counter Plaintiff moves that because of his and his attorney of records attempt

subvert and pervert Justice, by covering up this affair, has caused this Defendant/Counter

Plaintiff needless, stress, duress, fmancial hardship and harm, injuries and some times

physical harm and injuries brought on by said Plaintiff/Counter Defendant; with the

burden of unlawful multiplication of proceedings. See Pictures of Proof of Physical

injuries being incorporated and marked as Defendant/Counter Plaintiff's Exhibit "C"

along with Doctor's testimony verifying the physical abuse.

8. Defendant/Counter Plaintiff further asserts that sufficient economic property rights and

Protection have not been afforded to this petitioner as has been reviewed and awarded

By the Superior Court in Bingaman vs. Bingaman, No. 1644 DA (App. Aug. 2008), and

therefore, said Plaintiff/Counter Plaintiff and this court is in "CONTEMPT' thereof,

and said Petitioner mandates by demand that a hearing be immediately commenced

a "QDRO" "Qualified domestic relations Orders, as required by law to establish the

rights and property division and cost of living rise in alimony and the full repayment

of all back owed and outstanding alimony payment to be timely tendered unto this

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Defendant/Counter Plaintiff without any further delays.

9. Defendant/Counter Plaintiff moves this court to enter orders regarding sufficient

Maintenance (Spousal Support), the proper division of properties as stated herein, and

Reimbursement of all debt(s) and accounts all left unlawfully for said Petitioner to bare.

10. Defendant/Counter Plaintiff moves this Court for Financial Restitution for the

unreasonableness of duress, pain and suffering that she had to endure through all these

multiplication of proceedings and being forced into Bankruptcy unfairly place upon her

and said Plaintiff/Counter Defendant escapes free from all responsibility and liability to

the detriment of said Defendant/Counter Plaintiff being the proximate cause of her losing

her home, medical benefits and other pertinent life aids to assist in her time of need and

disability, taking away from the life style she was accustom to living.

11. Defendant/Counter Plaintiff demands the amendment of the alimony as remanded for by

the Appellate Superior Court.

12. Defendant/Counter Plaintiff moves for the immediate retroactive receipt of unlawfully

kept from and deprived back payments that are still outstanding of said Plaintiff/

Counter's intentional taking off from work under voluntary layoffs to prevent the proper

and sufficient distribution of alimony payments on a monthly basis as order by said court

that has crippled said Petitioner financially due to the ongoing continual fraud and rise

in cost of living that the previously support order is insufficient to meet thereby creating

compound financial hardship and strife, and other financial burdens like unpaid medical

expenses and non-medical coverage.

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13. Defendant/Counter Plaintiff asserts that since this court failed to sufficiently protect the

economical standings of this Petitioner by failing to enter the proper property division

upon the record of the court nor the divorce decree, said Defendant/Counter Plaintiff

have been unlawfully subjected to and burden with 100% of the marital & un-marital

debts of the Plaintiff/Counter Defendant, to her financial demise, and unfairly forced

into bankruptcy where her home and property were unlawfully foreclosed upon due to

the unlawful & contemptuous with holding of un-equitable property division & alimony

support that was rightfully awarded to said Petitioner by the Appellate Courts.

14. Defendant/Counter Plaintiff moves for equal access to the concealed Pension Plan &

medical plans and benefits that said Plaintiff/Counter Defendant currently holds and

withheld by ex-spouse, security deposits on any and all apartments, cars, obtained by

him, 401K plans at Shipley, stocks, bonds, life insurance(s), and the a likes, or from

any other jobs or additional employment or recreational income that he has received

from the Church or Band; for there neither is nor has there been any proper property

agreement or division within these proceedings at all, and this Petitioner demands her

"FAIR SHARE" plus any and all interest he has, had and is still benefitting from right

now, that includes any and all Quasi-Communi _ & commin • led •ro erties as obtained

by him, by way of his fraud and deceptive ways, in & out of his "UNHOLY UNION"

with his current wife, which is not ordained by God, nor man, because of its adulterous

nature in the way it was conceived, which must be putted as sunder and denounced, for

actions that undermined the marital status and relationship between the parties, and

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was the main cause and contributions to it un-reconciliation ability.

Defendant/Counter Plaintiff asserts that after the issue of the Recused Judge being

substituted for his abuse of discretion within these proceedings, has been reassigned, said

Court will have full equity power and jurisdiction to issues an injunction and Amend & change

this unfairly instituted fraudulent no fault divorce to the changes and amendment as

demanded herein, to finally and fairly issue orders to protect the interest of this Aggrieved

and injured Counter Complaining party to effectuate the real intended purposes of these

proceedings and promulgated by law to grant such orders and remedy for relief as equity and

justice require of the right of this injured party, and any third parties persons whom the court

shall have jurisdiction and who is involved in or concerned with the disposition of the cause.

VERIFICATION

I, :Kelly —Holland :Bignaman , verifies that the statements made herein this Counter Claim

Affidavit to Amend & to Change the Divorce Decree promulgated under fraud and intentional

misrepresentation and unlawful Government Interference by way and through Criminal

activities and violations, are true and correct, as I understand them & belief them to be upon

my first-hand knowledge of the facts as they are presented herein. I, the undersign, attest

that I understand that any false statements are subject to the penalties of 18 Pa. C. S. § 4904

relating to unsworn falsification to authorities.

Affiant Victim and Witness to Criminal Activities further sayeth Naught.

Dated this 29th day of September , In the Year of Our Lord, 2013;

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Respectfully Submitted;

"We the People, All Rights Restored and Reserved, Never Waived,"

;11i(C010 n/TY10./71 Holland :Bingama for the Debtor EX REL, any and all derivatives

thereof; WITHOUT PREJUDICE, WITHOUT RECOURSE, UNLAWFULLY &

FRAUDULENTLY MADE UNWITTING SURETY OF THE STATE, UNDER DURESS:

CERTIFICATE & AFFIDAVIT OF SERVICE:

"We the People, All Rights Restored and Reserved, Never Waived, :KELLY- Holland

:Bingaman, relator of information and facts, hereby states that the said Relator on behalf

of the aforementioned debtor in the above styled action, the U.S. Trustee and any and all

attorney of record as listed below have received service by certified return receipt and U.S.

Postal Mail as required in rule 4(e), a true and correct copy of this DEFENDANT/Counter

Plaintiffs Demand to Amend & To Change the Divorce Decree for Criminal Violations

of Forgery by Falsification Altering or Counterfeiting Documents to Conceal Criminal Activities Under sect. 3307(b)(1) and 3301(A)(1-3) and (6) Notwithstanding Other Violations of the Divorce Code; and Further Joins Plaintiff's Pension, Medical and 401k Plans To This Here Action For Fault Divorce : on or before October Oft, 2013, by way and through a third party

uninterested party the U.S. Postal Service by regular mail and certified return receipt; CC:

COURT OF COMMON PLEAS OF CUMBERLAND [HAND DELIVERED]

1 COURT HOUSE SQUARE CARLISLE, PA. 17013

ATTN: OFFICE OF THE CLERK & JUDGE'S CHAMBERS

PENNSYLVANIA REPRESENTATIVE

SHERYL M. DELOZIER

2929 GERRYSBURG ROAD, SUITE 6

CAMP HILL, PA. 17011

PENNSYLVANIA SENATOR

PATRICIA H. VANCE

3806 MARKET STREET

CHAMP HILL, PA. 17011

1 1

TOWNSHIP MANAGER KEITH M. MARTIN, PRESIDENT

100 GETTYSBURG ROAD

MECHANICSBURG, PA. 17055

MAYOR JACK RITTER

36 WEST ALLEN STREET

MECHANICSBURG, PA. 17055

JOSEPH D. CARACIOLO,

FORMAN, FOREMAN & CARACIOLO

112 MARKET STREET 6TH FL.

HARRISBURG, PA. 17101

ROBERT E. BINGAMAN JR.,

386 LEWIS BERRY ROAD

NEW CUMBERLAND, PA. 170870

Respectfully Submitted:

Dated this 29th day of September , In the Year of Our Lord, 2013;

"We the People, All Rights Restored and Reserved, Never Waived,"

4)00/Da 0/Mal71 (Aland :thingarnao, for he Debtor EX REL, any and all derivatives

thereof; WITHOUT PREJUDICE, ITHOUT RECOURSE, UNLAWFULLY &

FRAUDULENTLY MADE UNWITTING SURETY OF THE STATE, UNDER DURESS:

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