robert e. bingaman, jr., in the court of … · · 2014-06-06violation warning pe7), denial of...
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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 ma) m r-n
v)_, r-
NOTICE OF CLAIM- FORM COL. VIOLATION WARNING pE7), DENIAL OF RIGHTS UNDER COLOR OF LAW & WILLFUL -T OBSTRUCTION OF DIVORCE PROCEEDINGS & INTENTIAL NEGLECTFUL ERRORS OF LAW TO DEPRIVE DEFENDANT DEPRIVATIVE AND SUBSTANTIVE RIGHTS TO HER DETRIMENT & WILLFUL INTENT OF WITH HOLDING RELIEF:
COMES NOW, Relator, for KELLY H. BINGAMAN, by the flesh and blood woman, of the
UNWITTING SURETY OF THE STATE OF PENNSYLVANIA, and one of the Constituents of,
"We the People", All Rights Restored and Reserved, Never Waived, bringing said Notice
under DURESS by an Officer of the Court, standing in her Proper Persona as Sui Juris, and
not "PRO SE"; files this Notice in this above captioned cause and moves this Court &
Demand to take Judicial Notice of this TORT CLAIM and avers as follows:
This is my legal Notice of Tort Claim to the Judiciary of this Court, the Plaintiff and
his prosecuting attorney; and all other governmental officers that works for and is
Associated with this Court of Common Pleas Family Division, & Divorce Court, and its
administration; whom upon erroneous reliance have wrongfully and erroneously
deprived by Order of this Court, said Relator's of her substantive rights and intentionally
withheld relief & remedies, through unlawful retaliation against said Relator/Defendant 1
for standing up against such violation & Tyranny, of said court WARRING against said
Defendant by way of intimidation and duress thereby creating substantial harm to said
Relator/Defendant's life from the court neglectfully failing to correct its self-indicated
errors to this Relator's detriment creating undue financial burdens unto this
Relator/Defendant.
As a representative of the State this Judiciary is deemed to know the law and its
requirement and procedures of the law and is mandated to rule in accords with such
law, and any deviation thereof, is an abuse of said Court's discretion and war with the
Supreme Law of the Law and its under taking, to "PROTECT & SERVE THE PEOPLE" and
"PROTECT THEIR RIGHTS TO PROPERTY" And "UNLAWFUL ADVANCEMENT OF THE
STATE".
This Judiciary have NO STANDARD OF LAW!
By your treason: Constitutional and Statutory violation of laws. This Judiciary have
voluntarily relinquished any and all qualified, sovereign or any other granted, alleged,
self-proclaimed, protected, statutory immunities. For your collective and individual(s)
acts of surrection and Treason against this constituent and inheritor of the Constitution.
You all have knowingly and willfully violated Federal and Constitutional Laws to
intentionally inflict emotional distress to give unlawful comfort to a litigant that was
and is prevented from receiving relief from this Court as a matter of law. Said court have
made unlawful ruling in the face of clear, convincing, and overwhelming evidence that
said Opposing Party and his representing attorney made knowingly and intentionally 2
misrepresenting statements and falsification to authorities, and said Court allowed such
improperness to rule and guide said proceedings, to unlawfully rule against this
Relator/Defendant. Said Court had even admitted himself, that he made errors that later
proved FATAL to this Relator/Defendant; which denied said Relator any chance of having
"equal division of property" in accords with the laws of "Equity" and the courts, denying
said Relator/Defendant a snow ball shot in "HELL" in receiving a fair and equitable
interest in none of the properties that said Defendant had obtained through her years of
continuous dedicated working to the betterment of her family's quality of life, was
unlawfully and unfairly, ignored; rendering said orders and proceedings of the court
"MANIFESTLY UNFAIR". See Allen vs Allen, 112 Nev. 149, 925 P.2d 503 (1996) (husband's
failure to disclose his intention to thwart the award by filing a petition in bankruptcy as
soon as the decree was rendered was a sufficient basis to reopen the entire judgment);
In re Kinnard, 512 N.W. 2d 821 (Iowa Ct. app. 1993) (where husband failed to disclose
that he married wife only to avoid earlier unfavorable divorce decree between same
parties, which wife had not seen before agreeing to remarriage, and where husband
dissipated substantial assets during second marriage, second divorce decree reopened
for EXTRINSIC FRAUD). The Acts of this Court and the officer(s), i.e., the attorney(s) that
comes before it, is out of CONTROL!!!!
The Opposing Attorney, the Plaintiff, the (2) former attorney(s) for the Defense, and
this Judiciary has acted with Extreme Malice and prejudice of this Relator/Defendant; in
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reckless disregard for the rule of law governing this Court and its scope of its duties
and responsibilities as mandated by the rules and laws of the Pennsylvania Family &
Divorce Court laws, and reckless disregard for the TRUTH being of the record of this
court in these SHAM PROCEEDINGS.
Your travesty of justice will not go unanswered and unheard. You all think you're going
to get away with Criminal Activities and deprivation of a citizen's right, with no reprisal.
THINK AGAIN, for my IMPORTUNITY will not be denied, and all CRIMINAL Actors will be
prosecuted to the fullest Extent of the law. None, of you are ABOVE THE LAW! I will be
heard. JUSTICE will be served in these matters.
LEGAL WARNING:
Federal Law provides that it is a crime to violate the Rights of a Citizen under the color-
of-law. You can & will be arrested for this Crimes you have enacted against me and the
unlawful wealth you have enable to be stolen from me and the financial burdens you
have placed upon me due to the lies and falsification of the Plaintiff & his Attorney, and
the courts purposeful errors that wiped out my Estate. You will and can be held
personally liable for civil damages; and Congress will be also contacted and petition for
IMPEACHMENT! Attempting to cause a person to do something telling that person that
such action is required by law, when it is not required by law, may be a felony.
Both Title 18 U.S.C., Crime and Procedure, and Title 42 U.S.C. Public Health and Welfare
allows this Relator/Defendant to bring an action against the United States and/or State
agencies Department, and employees for civil rights violation while dealing in commerce. 4
Title 10 & Title 18 Part 1 chapter 1 § 4 Misprision of Felony: "Whoever, having
knowledge of the actual commission of a felony cognizable by a court of the United
States, conceals and does not as soon as possible make known the same to some judges
or other person in civil or military authority under the United States, conceals and does
not as soon as possible make known the same to some judges or other person in civil or
military authority under the United States. Title 18 U.S.C. § 2076 — Clerk of the United
States District Court sect. 2076; or [State Court Clerks], "Whoever being a clerk of a
District [state] Court of the United States, willfully refuses or neglect to make or forward
any report, certificate, statement, or document or required by law, shall be fined under
this title or imprisoned not more than one year or both. Title 18 U.S.C. sect. 1519 —
Destruction, alternation, or falsification of records in Federal investigations and
Bankruptcy.
—Statue— Whoever knowingly alters, destroys, mutilates, conceals, cover up, falsifies,
or makes a false entry in any record, document, or tangible object with the intent to
impede, obstruct, or influence the investigation or proper administration of any matter
within the jurisdiction of any department of agency of the United States or any case filed
under title 11, or in relation to or contemplation of any such matter or case, shall be
fined under this title, imprisoned not more than (20) twenty-years.
Title 18 U.S.C. § 241 provides that whoever, under the color of any law statues,
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ordinance, regulations or custom, willfully subjects any person in any State Territory,
Commonwealth, possession, or District to the deprivation of any rights, privileges or
immunities secured or protected by the Constitution or Laws of the United States
....SHALL be fined under this title or imprisoned not more than one year or both.
Title 18 U.S.C.§ 245 provides that whoever, whether or not acting under color of law,
Intimidates or interferes with any person from participating in or enjoying benefits,
Services, privilege program, facility, or activity provided or administered by the United
States; [or] applying for or enjoying employment, or any perquisite thereof, by any
agency or the United States, shall be fined under this title, or imprisoned not more than
one year or both.
42 U.S.C. § 1983 provides that every person, who under color of any statue, ordinance
regulations, custom or usage, or any State or Territory or the District of Columbia,
subjects or causes to be subjected, any citizen of the United States or other person with
the jurisdiction thereof, to the deprivation of any rights, privileges, or immunities
secured by the Constitution and laws, shall be liable to the party injured in an action at
law, suite in equity, or other proper proceeding for Redress.
This Court and the officer(s) that comes before it are in violation of allowing "FRAUD
UPON THE COURTS" to take hold of the entire proceedings is a TRANSGESSION OF
LAWS:
WARNING:
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"A ministerial Officer is liable for an Injury done, where his acts are clearly against law."
See Tracy vs. SwartWout, 10 Pet. 80 9L. Ed. 354 or where [His/her] ACTS WILLFULLY,
MALICOUSLY AND UNJUSTLY, IN A CASE WITHIN HIS JURISDICTION." Fraud on the
Court ARE FELONIES, and violations of OATH OF OFFICER(S). McNally vs. U.S., 483 U.S.
350, 371-372 (1987), quoting U.S. vs. Holzer, 816, F. 2d 304, 307; "FRAUD in it
elementary common law sense of deceit- and this one of the meanings that fraud bears
in the statues, see United States vs. Dial, 757 F. 2d 163, 168 (7 th Cir. 1985) — includes the
deliberate concealment of material information in the setting of fiduciary obligation. A
public official is a toward the public, including, in the case of judge, the litigants who is
guilty of fraud. When a judge is busily soliciting loans from counsel to one party, and
not telling the opposing counsel (let alone the public), he is concealing material
information in violation of his fiduciary obligations."
Judge Hess, is "guilty" of Judicial Misconduct in violation of the Judicial Code of Canon
and Professionalism, for his unlawful and unsavory characteristic and acts in violation
and conflict of the rule of law and MUST NOT STAND! He runs his court with the rule of
man and not the rule of law, and is a Transgressor thereof.
You are in violations of Federal Laws and persisting with unlawful violations based on
VOID orders and misrepresentation and concept of law of Common Pleas Court will
eventually lead you all to be RECUSED, IMPEACHED and ARRESTED with civil damages
accessed to YOU! Also, understand that the law provides that you can be held
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personally responsible and liable, as well as your company or agency too! You are
advised to cease and desist rendering any more VOIDED ORDERS AND TO
RECONSIDER THE DEMAND TO OPEN & VACATE THE VOID JUDGMENT WITHIN THIS
PETITIONER'S DIVORCE DECREE FORTHWIT to give this Petitioner her just and
immediate relief. And that you should consult legal advice. Since you can't obviously
understand and or interpret the law competently and unbiasly, without the DISABILITY
OF YOUR UNSTABLE MENTAL STATE OF UNCHECKED DRUNKEN SUPERIOR POWERS.
Affiant Victim and Witness to Criminal Activities further sayeth Naught.
Dated this 07th day of August , In the Year of Our Lord, 2013;
Respectfully Submitted,
"We the People, All Rights Restored and Reserved, Never Waived,"
t LI 71( f»11-4/X--- Kelly 0. Bingamant 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 H. BINGAMAN, relator of information and facts, hereby states that the said Plaintiff,
the Court and the 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: NOTICE OF CLAIM- FORM COL. VIOLATION WARNING DENIAL OF RIGHTS UNDER COLOR OF LAW & WILLFUL OBSTRUCTION OF DIVORCE PROCEEDINGS & INTENTIAL NEGLECTFUL ERRORS OF LAW TO DEPRIVE DEFENDANT DEPRIVATIVE AND SUBSTANTIVE RIGHTS TO HER DETRIMENT & WILLFUL INTENT OF WITH HOLDING
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RELIEF: on or before August 15 th , 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
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
Dated this 07th day of August , In the Year of Our Lord, 2013;
Respectfully Submitted,
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"We the People, All Rights Restored and Reserved, Never Waived,"
41.1 p I it (2, yx a ,_- ,
Kelly I . Bingama EX REL, any and all derivatives thereof; WITHOUT PREJUDICE, WITHOUT RECOURSE, UNLAWFULLY & FRAUDULENTLY
MADE UNWITTING SURETY OF THE STATE, UNDER DURESS:
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