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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