HomeMy WebLinkAbout99-04099i
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Melissa A. Bupp, for herself
on behalf of the minor children
Jesse E. Bupp,
Deric A. Hupp, and
Brandon L. Bupp,
Plaintiff
Vs.
Gary Bupp,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 'O 99 CIVIL TERM
:PROTECTION FROM ABUSE AND CUSTODY
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following papers, you must appear at the hearing scheduled herein. If
you fail to do so, the case may proceed against you and a FINAL Order may be entered
against you granting the relief requested in the Petition. In particular, you may be
evicted from your residence and lose other important rights.
hearing on this matter is scheduled for the / S day of
1999, at .m., in Courtroom No.
of Abe Cumberland County Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by
the court after notice and hearing. If you disobey this Order, the police may arrest
you. Violation of this Order may subject you to a charge of indirect criminal
contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in
jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and
criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C.
§2265, this Order is enforceable anywhere in the United States, tribal lands, U.S.
Territories and the Commonwealth of Puerto Rico. If you travel outside of the state
and intentionally violate this order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. §2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE
A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER
FOR YOU. 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 HELD. IF YOU CANNOT FIND
A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court 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
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at least 72 hours prior to any hearing or business before the court. You must attend
the scheduled conference or hearing.
Melissa A. Bupp, for herself
on behalf of the minor children
Jesse E. Bupp,
Deric L. Bupp,
Brandon L. Bupp,
Plaintiff
Vs.
Gary L. Bupp,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 -(4049 CIVIL TERM
:PROTECTION FROM ABUSE AND
:CUSTODY
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Gary L. Bupp
Defendants Date of Birth: 09-28-62
Defendant's Social Security Number:
Names of all Protected Persons:
205-54-1484
Melissa A. Bupp,
Jesse E. Hupp,
Deric A. Bupp, and
Brandon L. Bupp
AND NOW, this (s" day of uk , 1999, upon
consideration of the attached Petiti n for Protection from Abuse, the
court hereby enters the following Temporary Order:
® 1. Defendant shall not abuse, harass, stalk or threaten any of the
above persons in any place where they might be found.
? 2. Defendant is evicted and excluded from Plaintiffs residence
located at , Cumberland County, Pennsylvania, (a residence which is
jointly owned/leased by the parties; owned/leased by the entireties;
owned/leased solely by Plaintiff/Defendant to which Plaintiff and the
minor child/ren moved to avoid abuse, which is not owned or leased by
the Defendant, or any other permanent or temporary residence where
Plaintiff may live. Plaintiff is granted exclusive possession of the
residence. Defendant shall have no right or privilege to enter or be
present on the premises, except for the limited purpose of transferring
custody of the parties' child/ren. Defendant shall remain in his
vehicle at all times during the transfer of custody.)
® 3. Except for such contact with the minor children as may be
permitted under Paragraph 5 of this Order, Defendant is prohibited from
having ANY CONTACT with Plaintiff at any location. Defendant is
specifically ordered to stay away from the following locations for the
duration of this Order: Plaintiff's residence located at an undisclosed
location, and any other residence Plaintiff may establish.
® 4. Except for such contact with the minor children as may be
permitted under Paragraph 5 of this Order, Defendant shall not contact
Plaintiff by telephone or by any other means, including through third
persons.
® S. Pending the outcome of the final hearing in this matter.
Plaintiff is awarded temporary custody of the following minor children:
Jesse E. Bupp, Date of Birth:10-08-92
Deric A. Hupp, Date of Birth:30-05-93
Brandon L. Bupp, Date of Birth:06/16/95
Until the final hearing, all contact between Defendant and the children
shall be limited to the following: at times and dates agreed upon by
the parties, provided that Defendant does not abuse alcohol while the
children are in his care.
The local law enforcement agency in the jurisdiction where the children
are located shall ensure that the children are placed in the care and
control of Plaintiff in accordance with the terms of this Order.
? 6. Defendant shall immediately relinquish the following weapons tc
the Sheriff's Office or a designated local law enforcement agency for
the deliverv to the Sheriff's Office:
Defendant is prohibited from possessing, transferring or acquiring any
other weapons for the duration of this order.
® 7. The following additional relief is granted:
The Cumberland County Sheriffs Department shall attempt to make
service at Plaintiff's request and without pre-payment of fees, but
service may be accomplished under any applicable Rule of Civil
Procedure.
This Order shall be docketed in the office of the Prothonotary and
forwarded to the Sheriff for service. The Prothonotary shall not send
a copy of this Order to Defendant by mail.
Law enforcement agencies, human service agencies and school
districts shall not disclose the presence of Plaintiff and/or the
children in the jurisdiction or district or furnish any address,
telephone number, or any other demographic information about Plaintiff
and/or children except by further Order of Court.
This Order shall remain in effect until modified or terminated by
the Court and can be extended beyond its original expiration date if
the Court finds that Defendant has committed another act of abuse or
has engaged in a pattern or practice that indicates continued risk of
harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property
owned jointly by the parties or owned solely by Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives or
the minor children.
® 8. A certified copy of this Order shall be provided to the police
department where Plaintiff resides and any other agency specified
hereafter: Pennsylvania State Police Department.
? 9. THIS ORDER SUPERSEDES ? ANY PRIOR PFA ORDER AND O ANY PRIOR ORDER
RELATING TO CHILD CUSTODY
10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN
EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this order may
result in arrest for indirect criminal contempt, which is punishable by
a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S.
56114. Consent of Plaintiff to Defendant's return to the residence
shall not invalidate this Order, which can only be changed or modified
through the filing of appropriate court papers for that purpose. 23
Pa.C.S. 56113. Defendant is further notified that violation of this
Order may subject him/her to state charges and penalties under the
Pennsylvania Crimes Code and to federal charges and penalties under the
Violence Against Women Act, 18 U.S.C. SS 2261-2262. Any Protection
order aranted by a court may be considered in any subsequent
Proceedings, including child custody proceedings, under title 23
(Domestic Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction
over Plaintiffs residence OR any locations where a violation of this
order occurs OR where Defendant may be located. If Defendant violates
Paragraphs 1 through 6 of this Order, Defendant may be arrested on the
charge of indirect Criminal Contempt. An arrest for violation of this
order may be made without warrant, based solely on probable cause,
whether or not the violation is committed in the presence of law
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize
all weapons used or threatened to be used during the violation of this
Order OR during prior incidents of abuse. Weapons must forthwith be
delivered to the Sheriffs office of the county which issued this
order, which office shall maintain possession of the weapons until
further Order of this Court, unless the weapon/s are evidence of a
crime, in which case, they shall remain with the law enforcement agency
whose officer made the arrest.
BY .hE CO RT,
/ Judge
Joan Carey,
Philip C. Briganti
Attorneys for Plaintiff
Melissa A. Bupp , for herself
and on behalf of her minor children
Jesse E. Bupp,
Deric A. Bupp, and
Brandon L. Bupp,
Plaintiff
Va.
Gary L. $upp
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY PENNSYLVANIA
:NO. 99 - q-01,29 CIVIL TERM
:PROTECTION FROM ABUSE
:AND CUSTODY
PETITION FOR PROTECTION FROM ABUSE
COUNT I
1. Plaintiff's name is Melissa A. Bupp.
2. This Petition is filed on behalf of Melissa A. Bupp and Jessie
E. Bupp (Date of Birth: 10-08-92), Deric A. Bupp(Date of Birth: 10-05-
93,), and Brandon L. Bupp (Date of Birth: 06-16-95), who are
Plaintiff's minor children.
3. The names of all the persons who seek protection from abuse are
Melissa A. Bupp, Jessie E. Bupp, Deric A. Bupp, and Brandon L. Bupp.
4. Plaintiff's address is an undisclosed address.
5. Defendant is believed to live at the following address: 348
Maple Lane, Carlisle, Cumberland County, Pennsylvania 17013.
Defendant's Social Security Number is 205-54-1484.
Defendant's date of birth is 09-28-62.
Defendant's place of employment is Fry's Communications.
6. Defendant is Plaintiff's spouse.
7. Defendant has been involved in the following criminal court
action:
Harassment December 1998.
8. Plaintiff seeks temporary custody of the following children:
Name
Jesse E. Bupp
Address
undisclosed address
Birthdates
10-08-92
Deric A. Bupp
Brandon L. Bupp
undisclosed address
undisclosed address
10-05-93
06-16-95
9. Plaintiff and Defendant are the parents of the following minor
children:
Names Acres Address
Jesse E. Bupp 10-08-92 undisclosed address
Deric A. Bupp 10-05-93 undisclosed address
Brandon L. Bupp 06-16-95 undisclosed address
10. The following information is provided in support of Plaintiff's
request for an order of child custody:
(a) Jesse E. Bupp, (Date of Birth 10-08-92), was born out of
wedlock. Deric A. Bupp, (Date of Birth: 10-05-93), and Brandon L. Bupp,
(Date of Birth: 06-16-95) were not born out of wedlock.
(b) The children are presently in the custody of Plaintiff, Melissa
A. Bupp, who resides at an undisclosed address.
(c) During the past five years the children have resided with the
following persons and at the following addresses:
Persons child
Child's name lived with Address When
Jesse E. Bupp Plaintiff/ 11 E. Front St. 07/93-08/95
Defendant Suite 200
Shiremanstown, PA
Plaintiff/ 5217 E. Trindle Rd. 08/95-11/98
Defendant Apt. 10
Mechanicsburg, PA
Plaintiff/
Defendant
Plaintiff
Deric A. Bupp Plaintiff/
Defendant
Plaintiff/
Defendant
348 Maple Lane 11/98-06/99
Carlisle, PA 17013
undisclosed address 06/99-Present
11 E. Front St. 10/93-08/95
Suite 200
Shiremanstown, PA
5217 E. Trindle Rd. 08/95-11/98
Mechanicsburg, PA
Plaintiff/ 348 Maple Lane 11/98-06/99
Defendant Carlisle, PA
Plaintiff undisclosed address 06/99-Present
Brandon L. Bupp Plaintiff/ 11 E. Front St. 06/95-08/95
Defendant Suite 200
Shiremanstown, PA
Plaintiff/ 5217 E. Trindle Rd. 08/95-11/98
Defendant Apt. 10
Mechanicsburg, PA
Plaintiff/ 348 Maple Lane 11/98-06/99
Defendant Carlisle, PA
Plaintiff undisclosed address 06/99-Present
(d) Plaintiff, the mother of the children, is, currently residing
at an undisclosed address.
(e) She is married.
(f) Plaintiff currently resides with the following persons:
Name Relationshio
Jessie E. Bupp Son
Deric A. Bupp Son
Brandon L. Bupp Son
(g) Defendant, the father of the children, is currently residing at
348 Maple Lane, Carlisle, Cumberland County, Pennsylvania.
(h) He is married.
(i) Plaintiff has no knowledge of anyone currently residing with
Defendant.
(j) Plaintiff has not previously participated in any litigation
concerning custody of the above mentioned children in this or any other
Court.
(k) Plaintiff has no knowledge of any custody proceedings
concerning their children pending before a court in this or any other
jurisdiction.
(1) Plaintiff does not know any person not a party to this action
who has physical custody of the children or claims to have custody or
visitation rights with respect to the children.
(m) The best interests and permanent welfare of the minor child/ren
will be met if custody is temporarily granted to Plaintiff pending a
hearing in this matter for reasons including:
(1) Plaintiff is a responsible parent who has provided
for the emotional and physical needs of the children since
their births, and who can best take care of the minor
children.
(2) Defendant has shown by his abuse of Plaintiff and
children that he is not an appropriate role model for the
minor children.
(3) Defendant's behavior has adversely affected the
children.
11. The facts of the most recent incident of abuse are as follows:
In or around May 1999, Defendant kicked minor child, Deric, in
the buttocks several times.
12. Defendant has committed the following prior acts of abuse
against Plaintiff or the minor children:
a. In or around April 1999, Defendant raised his hand twice
at her as if to hit Plaintiff, causing her to fear for her safety.
b. On or about December 5, 1998, Defendant pushed Plaintiff
against the cupboards. Defendant told Plaintiff that she was his wife,
had to clean, that he would fuck her any way that he wanted to, causing
her to fear for her safety. Plaintiff called the police. while in the
presence of the police officer, Defendant threatened Plaintiff's life,
causing her to fear for her life, and police arrested Defendant.
Harassment charges were filed.
C. In or around November 25, 1998, Defendant threw Plaintiff
on the ground. Defendant placed his fists on either side of her chin.
Defendant threatened that because Plaintiff was his wife, she would do
what he wanted, causing her to fear for her safety. Plaintiff called
Defendant's counselor. While Plaintiff was on the phone, Defendant
tried to give Plaintiff a knife for her to kill him. Defendant awoke
Plaintiff later that night wanting anal sex. Plaintiff screamed no.
Defendant threatened that he wanted sex and would have sex with her.
Defendant forced Plaintiff to have anal sex. Defendant held Plaintiff
down while she asked him to stop.
d. On numerous occasions, Defendant has abused Plaintiff and the
minor children in ways including but not limited to the following:
choked Plaintiff; thrown Plaintiff and the minor children; punched
Plaintiff; yanked Plaintiff by her hair; kicked Plaintiff while she was
pregnant; kicked the minor children; thrown objects at the Plaintiff;
and verbally abused the Plaintiff and children by telling the children
obscenities about the Plaintiff.
13. The following police departments or law enforcement agencies in
the area in which Plaintiff lives should be provided with a copy of the
Protection Order: Pennsylvania State Police Department.
14. There is an immediate and present danger of further abuse from
the Defendant.
15. Plaintiff is asking the Court to order Defendant to stay away
from the residence located at an undisclosed address.
16. Defendant owes a duty of support to Plaintiff and the minor
children.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY
ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or
stalking Plaintiff and minor children in any place where they may be
f ound.
B. Order Defendant to stay away from Plaintiff's residence and
prohibit Defendant from attempting to enter any temporary or permanent
residence of Plaintiff.
C. Require Defendant to provide Plaintiff and minor children with
other suitable housing.
D. Award Plaintiff temporary custody of the minor children and place
the following restrictions or contact between Defendant and children:
Defendant shall not abuse alcohol while the children are in his care.
E. Prohibit Defendant from having any contact with Plaintiff and minor
children, either in person, by telephone, or in writing, personally or
through third persons, including, but not limited to any contact with
Plaintiff, except as the Court may find necessary with respect to
partial custody and/or visitation with the minor children.
F. Prohibit Defendant from having any contact with Plaintiff's
relatives and Plaintiff's children listed in this Petition, except as
the court may find necessary with respect to partial custody and/or
visitation with the minor children.
G. Order Defendant to pay temporary support for Plaintiff and the
minor children, including medical support and payment of the rent.
H. Order Defendant to pay the costs of this action, including filing
fees, service fees, and surcharge of $25.00, in the event of hearing.
I. Order Defendant to pay $250.00 to reimburse one of Legal Services,
Inc.'s funding sources for the cost of litigation in this case, in the
event of hearing.
J. Order the following additional relief, not listed above:
a. Enjoin Defendant from damaging or destroying any property owned
jointly by the parties or owned solely by Plaintiff.
b. Enjoin Defendant from harassing Plaintiff's relatives or the
minor children.
K. Grant such other relief as the court deems appropriate.
Order the police or other law enforcement agency to serve Defendant
with a copy of this Petition, any Order issued, and the Order for
Hearing. Plaintiff will inform the designated authority of any
addresses, other than Defendant's residence, where Defendant can be
served.
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
21. The allegations of Count I above are incorporated herein as if
fully set forth.
22. The best interest and permanent welfare of the minor child/ren
will be served by confirming custody in Plaintiff as set forth in
paragraph #10 of the petition.
WHEREFORE, pursuant to 23 Pa.C.S.§ 5301 et. sec[., and other
applicable rules and law, Plaintiff prays this Honorable Court to award
custody of the minor children to her
Plaintiff prays for such other relief as may be just and proper.
Respe t?fullly submit d,
G1z ( .
Joan Car y,
Philip C. Briganti
Attorneys for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Dated: 7 -?"q`/
VERIFICATION
I verify that I am the Plaintiff as designated in the present action
and that the facts and statements contained in the above Petition are
true and correct to the best of my knowledge. I understand that any
false statements are made subject to the penalties of 18 Pa.C.S. §4904,
relating to unsworn falsification to authorities.
Dated: 7' 9
Melissa A. Bupp, Plaintiff'
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Melissa A. Bupp, for herself,
and on behalf of her minor children,
Jesse E. Bupp,
Deric A. Bupp, and
Brandon L. Bupp,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNS`!LVANIA
NO.99-4099 CIVIL TERM
Gary Bupp,
Defendant
PROTECTION FROM ABUSE
AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, this day of July, 1999, upon consideration of the attached Motion for
Continuance, the matter scheduled for hearing on July 13, 1999 at 3:30 p.m. by this Court's
Order of July 6, 1999, is hereby rescheduled for hearing on July 20 , 1999, at 9:30 a.m. in
Courtroom No. 3 .
The Temporary Protection Order shall remain in effect for one year or until modified or
terminated by the court.
The Cumberland County Sheriffs Department shall attempt to make service at the
plaintiffs request and without pre-payment of fees, but service may be accomplished under any
applicable rule of Civil Procedure.
A certified copy of this Order for Continuance will be provided to the Pennsylvania State
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Police Department by the plaintiffs attorney.
Joan Carey
Attorney for Plaintiff
Jacqueline M. Verney (. ?e ?E --e 7 20 V 9
Attorney for Defendant ipv
By the Court,
Melissa A. Bupp, for herself,
and on behalf of the minor children,
Jesse E. Bupp,
Deric A. Bupp, and
Brandon L. Bupp,
Plaintiff
V.
Gary Bupp,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4099 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
MOTION FOR CONTINUANCE
The plaintiff, by and through her attorney, Joan Carey of Legal Services, Inc., moves the
Court for an Order rescheduling the hearing in the above-captioned case on the grounds that:
A Temporary Protection Order was issued by this Court on July 6, 1999,
scheduling a hearing for July 13, 1999, at 3:30 p.m.
2. The defendant retained Jacqueline M. Verney who asked that the hearing be
continued.
3. The parties by and thro :gh their counsel agree that the hearing be rescheduled.
4. The plaintiff requests that the Temporary Protection Order remain in effect until
modified or terminated by the court after notice or hearing.
5. A certified copy of the Order for Continuance will be delivered to the
Pennsylvania State Police Department by the attorney for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection Order remain in effect until further Order
of Court.
Respectfully submitted,
/ oan Carey,
Attorney for Plainti f
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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Melissa A. Bupp, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
V8.
:NO. 99 - 4099 CIVIL TERM
Gary Bupp,
Defendant :PROTECTION FROM ABUSE
:AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: Gary Bupp
Defendant's Date of Birth: 09-28-62
Defendant's Social Security N pr: 205-5 /t484
AND NOW, this day of 1999, the
court having jurisdiction over he r ies and the subject-
matter, it is ORDERED, ADJUDGED, a d CREED as follows:
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by Jacqueline Verney of Law Offices of
Jacqueline Verney. The parties agree that the following may be
entered as an Order of Court. Defendant, although agreeing that
an Order may be entered, does not admit to the allegation made in
the Petition.
® 1. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person in any place where they
might be found.
? 2. Defendant is completely evicted and excluded from the
residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] or any other residence where Plaintiff may live.
Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present
on the premises.
? On [Insert date and time], Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
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that Defendant is in the company of a law enforcement officer
when such retrieval is made.
® 3. Except as provided in Paragraph 5 of this order, Defendant
is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at
Plaintiff's place of employment. Defendant is specifically
ordered to stay away from the following locations for the
duration of this Order: Plaintiff's residence located at an
undisclosed location, and any other residence Plaintiff may
establish.
® 4. Except as provided in Paragraph 5 of this order, Defendant
shall not contact Plaintiff by telephone or by any other means,
including third parties. Necessary phone contact regarding the
children is not a violation of this order.
® 5. Custody of the minor children, Jesse E. Bupp, (Date of
Birth: 10-08-92) ; Deric A. Bupp, (Date of Birth 10-05-93) ; and
Brandon L. Bupp, (Date of Birth: 06-16-95) shall be as follows:
see attached Custody Order.
? 6. Defendant shall immediately turn over to the Sheriff's
office, or to a local law enforcement agency for delivery to the
Sheriff's office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
? 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this order. Any
weapons delivered to the sheriff under Paragraph 6 of this order
or under Paragraph 6 of the Temporary Order shall not be returned
until further Order of Court.
518. The following additional relief is granted as authorized
by 56108 of this Act:
a. Law enforcement agencies, human service agencies and
school districts shall not disclose the presence of Plaintiff
and/or address, telephone number, or any other demographic
information about Plaintiff except by further order of Court.
b. This order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
C. Defendant is enjoined from damaging or destroying any
property owned jointly by the parties or owned solely by
Plaintiff.
d. Defendant is to refrain from harassing Plaintiff's
relatives.
e. Defendant shall continue to attend counseling for
anger management and to follow the recommendations of the
certified counselor/ therapist including taking the prescribed
medication. Plaintiff and her attorneys shall have the right to
verify his attendance at counseling.
f. The court costs and fees are waived.
? 9. Defendant is directed to pay temporary support for [insert
the names of the persons for whom support is to be paid]
as follows: [insert amount,
frequency and other terms and conditions of the support order]
This Order for support shall remain in effect
until a final support order is entered by this Court. However,
this order shall lapse automatically if Plaintiff does not file a
complaint for support with the Court within fifteen days of the
date of this Order. The amount of this temporary order does not
necessarily reflect Defendant's correct support obligation, which
shall be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of support
shall be credited, retroactive to this date, to the appropriate
party.
? 10. The costs of this action are waived as to Plaintiff and
imposed on Defendant.
? 11. Defendant shall pay $* to Plaintiff as compensation for
Plaintiff's out-of-pocket losses, which are as follows:
OR
? Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the judge
or court to which the petition should be presented] requesting
recovery of out-of-pocket losses. The petition shall include an
exhibit itemizing all claimed out-of-pocket losses, copies of all
bills and estimates of repair, and an Order scheduling a hearing.
No fee shall be required by the Prothonotary's office for the
filing of this petition.
? 12. BRADY INDICATOR
1.0 Plaintiff or protected person(s) is a spouse, former spouse,
a person who cohabitates or has cohabited with Defendant, a
parent of a common child, a child of that person, or a child of
Defendant.
2.0 This order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.11 Paragraph 1 of this Order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s).
4.0 Defendant represents a credible threat to the physical
safety of Plaintiff or other protected person(s) OR
? The terms of this order prohibit Defendant from using,
attempting to use, or threatening to use physical force against
Plaintiff or protected person that would reasonably be expected
to cause bodily injury.
? 13. THIS ORDER SUPERCEDES ? ANY PRIOR PFA ORDER AND O ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All provisions of this Order shall expire in one year.
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF DP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§ 2261-2262. IF
PARAGRAPH 12 OF THIS ORDER RAS BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U.S.C. §922(6), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff's residence
OR any location where a violation of this Order occurs OR where
Defendant may be located, shall enforce this Order. An arrest
for violation of Paragraphs 1 through 7 of this Order may be
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23
Pa.C.S. §6113.
Subsequent to an arrest, the police officer shall seize all
weapons used or threatened to be used during the violation of the
Protection Order or during prior incidents of abuse. The [insert
the appropriate name or title] shall maintain possession of the
weapons until further order of this Court. When Defendant is
placed under arrest for violation of the Order, Defendant shall
be taken to the appropriate authority or authorities before whom
Defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police
officer OR Plaintiff, Plaintiff's presence and signature are not
required to file the complaint.
If sufficient grounds for violation of this Order are
alleged, Defendant shall be arraigned, bond set and both parties
given notice of the date of the hearing.
If entered pursuant to the consent of Plaintiff and Defendant:
Melissa A. Bump, Pla ntiff
Cr
707n-Carey
Attorney for Plaintiff
Attorney for Defendant
Melissa A. Bupp,
Plaintiff
V.
Gary Bupp,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 4099 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
CUSTODY ORDER
AND NOW, this p-a4-ekay of July, 1999, upon consideration
of the parties' Consent Agreement, the following order is entered
with regard to custody of the parties' children:
1. Plaintiff, hereinafter referred to as the mother, and
the Defendant, hereinafter referred to as the father, shall share
legal custody of the children.
2. Physical custody during the summer shall be as follows:
a. The father shall have physical custody of the
children according to the following schedule:
i. During Week one from Wednesday at 3:00
p.m. until Sunday at 5:00 p.m. beginning
July 21, 1999, and alternating weeks
thereafter.
ii. During Week Two from Wednesday at 3:00
p.m. until Saturday at 10:00 a.m.
beginning July 28, 1999 and alternating
weeks.
b. The mother shall have custody of the children at
all other times.
3. Physical custody for the school year, from one
week before school ends until one week before school starts, will
be as follows:
i. The father shall have custody on alternating
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at 5 p.m.
ii. The children shall reside with the mother, who
shall have primary physical custody of them.
4. The party having physical custody of the children shall
initiate telephone contact between the children and the other
party at least every other day.
5. The father shall not consume or abuse alcohol and/or
narcotics while the children are in his physical custody.
6. The father shall provide transportation for the
transfer of custody which shall take place at the emergency
entrance doors to the Polyclinic Hospital in Harrisburg, Dauphin
County, Pennsylvania or to any other mutually agreed upon public
place.
7. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the order shall remain in
effect until further order of court.
8. The mother and the father shall keep each other
informed of their telephone numbers.
9. There shall be reasonable notice given to the other
party if a scheduled period of partial custody needs to be
cancelled or modified and a make-up period shall be offered
within a reasonable time frame.
lo. The mother and father agree that each shall notify the
other immediately of medical emergencies which arise while the
children are in that parent's care.
11. Neither party shall do anything which may estrange the
children from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the free and
natural development of the children's love or respect for the
other parent.
d Sy phe rt,
e offer, P. Judge
if entered pursuant to the consent of Plaintiff and Defendant:
Melissa A. B .
an Carey
Attorney for Plaintiff
Gary upp, Defendant
Acq6eline Verney
Attorney for Defendant
MELISSA A. BUPP, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
GARY RUPP, NO. 99-4099 CIVIL TERM
Defendant
: PROTECTION FROM ABUSE AND
: CUSTODY
ORDER OF COURT
AND NOW, this ' day of ,,) j --I .1999, upon
consideration of the attached Temporary Custody Order, it is-hereby directed that the
parties and their respective counsel shall appear before V?i(? ?(. (??1( I E 54
the Conciliator, attc4?" .Cu?,txcWACc,niq C?.xVLW,,C on the
Ito dayof c&Atember,1999at ID30 o'clocktm.,for&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.
FOR THE COURT,
BY:tt a ?(. ` tOfltx t
Custody Conciliator : ly.
The Court 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 last 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 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 HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
T,Lc,,,>
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._4EGHL SERVICES. INC. 2430026 P.OI
..JUL 2 2 1999
Melissa A. Hupp, IN THE COURT OF COMMON PLEAS
Plaintiff
.OF CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
:NO. 99 - 4099 CIVIL TERM
Gary Bupp, i
Defendant :PROTECTION FROM ABUSE
.AND CUSTODY
FINAL ORDER OF COURT
Defendant's Name: Gary Rupp
Defendant's Date of Birth: 09-28-62
Defendant's Social Security of" 205-54-1484
AND now, this V_ day of , 1999, the
court having jurisdiction ov t parties and the subject-
matter, it is ORDERED, ADJUDGED, and DECREED as followal
plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is represented by Jacqueline verney of Law Offices of
Jacqueline verney. The parties agree that the following may be
entered as an Order of Court. Defendant, although agreeing that
an Order may be entered, doom not admit to the allegation made in
the Petition.
® 1. Defendant shall not abuse, stalk, harass, threaten
Plaintiff or any other protected person in any place where they
might be found.
? 2. Defendant is completely evicted and excluded from the
residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED) or any other residence where Plaintiff may live.
Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present
on the premises.
? On (Insert date and time), Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Defendant is in the company of a law enforcement officer
when such retrieval is made.
® 3. Bxompt as providad in Paragraph 5 of this Order, Defendant
is prohibited from having AM CORTACT with Plaintiff at any
location, including, but not limited to any contact at
Plaintiff's place of employment. Defendant is specifically
ordered to stay away from the following locations for the
duration of this Order: Plaintiff's residence located at an
undisclosed location, and any other residence Plaintiff may
establish.
® 4, except as provided in Paragraph 5 of this Order, Defendant
shall not contact Plaintiff by telephone or by any other means,
including third parties. Necessary phone contact regarding the
children is not a violation of this order.
® 5. Custody of the minor children, asses s. Hupp, (Date of
Birth: 10-OS-92)p Doric A. Hupp, (Date of Birth 10-05-93); and
Brandon L. Hupp, (Date of Birth: 06-16-95) shall be as follows:
was attached Custody Order.
? 6. Defendant shall immediately turn over to the Sheriff's
Office, or to a local law enforcement agency for delivery to the
Sheriff's Office, the following weapons used or threatened to be
used by Defendant in an act of abuse against Plaintiff and/or the
minor child/ren:
? 7. Defendant is prohibited from possessing, transferring or
zicquiring any other weapons for the duration of this order. Any
weapons delivered to the sheriff under Paragraph 6 of this Order
or under paragraph 6 of the Temporary order shall not be returned
until further order of Court.
Me. The following additional relief is granted as authorized
by 16108 of this Act:
a. Law enforcement agencies, human service agencies and
school districts shall not disclose the presence of Plaintiff
and/or address, telephone number, or any other demographic
LEGAL SERVICES. INC. 2439026 P.02
information about Plaintiff except by further order of Court.
b. This order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
c. Defendant is enjoined from damaging or destroying any
property owned jointly by the portion or owned solely by
Plaintiff.
d. Defendant is to refrain from harassing plaintiff's
relatives.
0. Defendant shall continue to attend counseling for
anger management and to follow the recommendations of the
certified counselor/ therapist including taking the prescribed
medication. Plaintiff and her attorneys shall have the right to
verify his attendance at counseling.
f. The court costs and fees are waived.
? 9. Defendant is directed to pay temporary support for [insert
the names of the persons for whom support is to be paid)
as follows: [insert amount,
frequency and other terms and conditions of the support order]
This Order for support shall remain in effect
until a final support order is entered by this Court. However,
this order shall lapse automatically if Plaintiff does not file a
complaint for support with the Court within fifteen days of the
date of this Order. The amount of this temporary order does not
necessarily reflect Defendant's correct support obligation, which
shall be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of support
shall be credited, retroactive to this date, to the appropriate
party.
? 10. The costa of this action are waived as to Plaintiff and
imposed on Defendant.
? 11. Defendant shall pay $* to Plaintiff as compensation for
Plaintiffs out-of-pocket losses, which are as follows,
OR
? Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to [insert the name of the judge
or court to which the petition should be presented) requesting
recovery of out-of-pocket losses. The petition shall include an
exhibit itemizing all claimed out-of-pocket losses, copies of all
bills and estimates of repair, and an Order scheduling a hearing.
No fee shall be required by the Prothonotary's office for the
filing of this petition.
? 12. BRADY INDICATOR
1.13 Plaintiff or protected person(s) is a spouse, former spouse,
a person who cohabitates or has cohabited with Defendant, a
parent of a common child, a child of that person, or a child of
Defendant.
2.0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.0 Paragraph 1 of this order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(a).
4.0 Defendant represents a credible threat to the physical
safety of Plaintiff or other protected person(s) OR
? The terms of this order prohibit Defendant from using,
attempting to use, or threatening to use physical force against
Plaintiff or protected person that would reasonably be expected
to cause bodily injury.
? 13. THIS ORDER SUPERCEDES ? ANY PRIOR PFA ORDER AND ? ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
14. All. provisions of this order shall expire in one year.
LEGAL SERVICES. INC. 2438026 P.03
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER NAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNINNAELE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF OF TO NIX MONTHS.
23 PA.C.S. 16111. VIOLATION NAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATED, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, D.S. TERRITORIES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.B.C.
52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 1$ U.B.C. Of 2261-2262. IF
PARAGRAPH 12 OF THIN ORDER MAO BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE OUN CONTROL ACTION, 18 U.B.C. 1922(0), TOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAN ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff I¦ residence
OR any location where a violation of this Order occurs OR where
Defendant may be located, shall enforce this Order. An arrest
for violation of Paragraphs 1 through 7 of this Order may be
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23
Pa.C.S. $6113.
Subsequent to an arrest, the police officer shall seize all
weapons used or threatened to be used during the violation of the
protection order or during prior incidents of abuse. The [insert
the appropriate name or title) shall maintain possession of the
weapons until further order of this court. When Defendant is
placed under arrest for violation of the Order, Defendant shall
be taken to the appropriate authority or authorities before whom
Defendant is to be arraigned. A "Complaint for indirect criminal
Contempt" shall then be completed and signed by the police
officer OR Plaintiff, Plaintiff Is presence and signature are not
required to file the complaint.
LEGAL SERVICES. INC. 2430026
P.04
If sufficient grounds for violation of this order are
alleged, Defendant shall be arraigned, bond set and both parties
given notice of the date of the hearing.
BY THE COURT,
orge El Hoffer, PFA/Judge
If entered pursuant to the consent of Plaintiff and Defendant:
Melissa A. H p, P atiff
Cam n
an Caray
Attorney for Plaintiff
d
flactfueline Verney
Attorney for Defendant
TRUE COPY FRQq RECORD
to Tea aflV wroreol, unto set my ham
LEGAL SERVICES. INC. 2438026
Melissa A. Bupp,
Plaintiff
v.
Gary Bupp,
Defendant
P.05
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 4099 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
CUSTODY ORDYR
AND NOW, this -g2ZMday of July, 1999, upon consideration
of the parties, Consent Agreement, the following Order is entered
with regard to custody of the parties' children:
1. Plaintiff, hereinafter referred to as the mother, and
the Defendant, hereinafter referred to as the father, shall share
legal custody of the children.
2. Physical custody during the summer shall be as follows:
a. The father shall have physical custody of the
children according to the following schedule:
J. During Week One from Wednesday at 3:00
p.m. until Sunday at 5:00 p.m. beginning
July 21, 1999, and alternating weeks
thereafter.
ii. During Week Two from Wednesday at 3:00
p.m. until Saturday at 10:00 a.m.
beginning July 28, 1999 and alternating
weeks.
b. The mother shall have custody of the children at
all other times.
3. Physical custody for the school year, from one
week before school ends until one week before school starts, will
be as follows:
i. The father shall have custody on alternating
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LEGAL SERVICES, INC. 2438026 P.06
at 5 P.M.
ii. The children shall reside with the mother, who
shall have primary physical custody of them.
4. The party having physical custody of the children shall
initiate telephone contact between the children and the other
party at least every other day.
5. The father shall not consume or abuse alcohol and/or
narcotics while the children are in his physical custody.
6. The father shall provide transportation for the
transfer of custody which shall take place at the emergency
entrance doors to the Polyclinic Hospital in Harrisburg, Dauphin
County, Pennsylvania or to any other mutually agreed upon public
place.
7. The mother and father, by mutual agreement, may vary
from this schedule at any time, but the order shall remain in
effect until further order of court.
8. The mother and the father shall keep each other
informed of their telephone numbers.
9. There shall be reasonable notice given to the other
party if a scheduled period of partial custody needs to be
cancelled or modified and a make-up period shall be offered
within a reasonable time frame.
10. The mother and Lather agree that each shall notify the
other immediately of medical emergencies which arise while the
children are in that parent's care.
11. Neither party shall do anything which may estrange the
children from the other parent, or injure the opinion of the
children as to the other parent or which may hamper the free and
LEGAL SERVICES, INC. 2438026
natural development of the children's love or respect Eor the
other parent.
P.07
By the Court,
Oeor E. Hoffer, P. Judge
if entered pursuant to the consent of Plaintiff and Defendant:
Melissa A. Bum '" / varyLaupp,
an Carey a Acq"line Verney
torney for Plaintiff Attorney for Defendant
TRITE COPY FRO" RECORD
in TeArnony whereof, 010 unto set my hand
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l?.ialncline (V1. Verney ;
W S IIANOVCR%T'. CARI 1111 , PA INN( • (11 /):?; ?1 W . [AX(;1I?'?i-ItIX
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04099 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BUPP MELISSA A ET AL _
VS.
BUPP GARY L
ROBERT FINK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon BUPP GARY L the
defendant, at 20:35 HOURS, on the 7th day of July
1999 at 348 MAPLE LANE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to GARY L BUPP _
a true and attested copy of the PROTECTION FROM ABUSE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers;,,
Docketing 18.00
Service 4.34 ?? P
Affidavit .00
Surcharge 8.00 R I om? ds ne, 5 eri
-07/08/1999
by
epu?LY Z)nre l f
Sworn and subscribed to before me
this day of_
19 A.D.
rocnonocery
SEP 2 1 1999
MELISSA A. BUPP, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GARY BUPP, NO. 994099 CIVIL
Defendant IN CUSTODY
COURT ORDER
F4
AND NOW, this2# day of September, 1999, the Conciliator being advised that the parties
have reached an agreement, the Conciliator relinquishes jurisdiction.
BY THE COURT,
Hubert X. ilroy, Esq.
Custod onciliator
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92490779
PFAD Number: HM2911209Y
Melissa Ann Bupp,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
Gary Lee Bupp,
Defendant
: No. 1999 - 4099
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Melissa Ann Bupp
2. I, (the Plaintiff), am filing this petition on behalf of-
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Melissa Ann Bupp
b. Jesse Eliot Bupp
c. Deric Alexander Bupp
d. Brandon Lee Bupp
4. Plaintiff s Address is : 348 Maple Lane , Carlisle, PA 17015
5. Defendant's Name is:
Gary Lee Bupp
6. Defendant is believed to live at the following address:
809 A Fairfield Street, Mechanicsburg, PA 17055
7. Defendant's Date of Birth is:
September 28, 1962
8. Defendant's place of employment is:
Custom Maintenance Services
9. Defendant is an adult.
10. The relationship between Plaintiff and Defendant is:
t X I spouse or former spouse of Defendant
1 X I parent of a child with Defendant
I I current or former sexual or intimate partner with Defendant
[ ] child of Plaintiff
I I child of Defendant
I I family member related by blood (consanguinity) to Defendant
I I family member related by marriage or affinity to Defendant
I I sibling (person who shares parenthood) of Defendant
I I current or former cohabitant (person who lives with) Defendant
11. Plaintiff and Defendant have been involved in the following court actions:
a. Support
12. Other details of the court action are:
Cumberland County Domestic Relations Hearing 12/24/07
13. Defendant has been involved in a criminal court action.
14. Defendant is not currently on probation / parole
15. Plaintiff and Defendant are the parents of the following minor child/ren:
a. Jesse Eliot Bupp
Age:14
Child's address is: 348 Maple Lane, Carlisle, PA 17015
b. Deric Alexander Bupp
Age:13
Child's address is: 348 Maple Lane, Carlisle, PA 17015
c. Brandon Lee Bupp
Child's address is: 348 Maple Lane, Carlisle, PA 17015
16. Plaintiff is seeking an order of child custody as part of this petition.
The following is a list of the children and where they have live for the past 5 years:
a. Jesse Eliot Bupp
For the past 5 years, this child has lived with:
lived with Melissa Bupp (mother)and Gary Bupp (father)and siblings at
348 Maple Lane, Carlisle PA 17013 since 1998.
b. Deric Alexander Bupp
For the past 5 years, this child has lived with:
lived with Melissa Bupp (mother)and Gary Bupp (father)and siblings at
348 Maple Lane, Carlisle PA 17013 since 1998.
c. Brandon Lee Bupp
For the past 5 years, this child has lived with:
lived with Melissa Bupp (mother)and Gary Bupp (father)and siblings at
348 Maple Lane, Carlisle PA 17013 since 1998.
17. The facts of the most recent incident of abuse are as follows:
On about Sunday, September 23, 2007 at approximately 5:OOPM
location: 348 Maple Lane, Carlisle PA 17015
Defendant acted in a physically menacing manner when he physically prevented Plaintiff s
from leaving the room by forcefully pushing her backwards and tackling her to the bed.
Defendant's actions caused bruising on Plaintiffs arms. Middlesex Township Police
Department arrested Defendant.
18. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
During the course of the parties' fourteen year relationship, the Defendant has engaged in a
course of conduct that puts Plaintiff in fear of bodily injury and causes her to fear for her
life. The Defendant's actions include, but are not limited to: choking and pushing Plaintiff,
pushing, grabbing Plaintiffs arms, calling Plaintiff vile names, throwing things, and sexually
abusing Plaintiff.
19. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the
minor child/ren?
NO
(b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use
against Petitioner or the minor child/ren, does Defendant, to the best of your knowledge or belief,
own or possess any additional firearm, other weapon, ammunition or any firearm license?
NO
(c) If the answer to (b) above is "Yes", list any additional firearm, other weapon or ammunition
owned by or in the possession of Defendant on Attachment A to Petition, which is incorporated by
reference into this petition.
(d) Plaintiff DOES NOT request that the court order Defendant to relinquish firearms, other
weapons or ammunition listed on Attachment A to Petition.
20. The sheriff, police department or law enforcement agency that should be provided with a copy of
the protection order are:
Middlesex Township Police Department
21. There is an immediate and present danger of further abuse from Defendant.
22. Plaintiff is asking the court to evict and exclude Defendant from the following residence:
348 Maple Lane
Carlisle,PA 17015
Defendant is moving out of residence on 10/13/07.
23. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or the minor child/ren in any place where Plaintiff and/or the child/ren may
be found.
b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from
attempting to enter any temporary or permanent residence of Plaintiff.
c. Award Plaintiff temporary custody of the minor child/ren and place the
following restrictions on contact between Defendant and the child/ren:
- Defendant shall have periods of visitation agreed upon by the parties.
- Non-harassing, non-threatening contact between the parties regarding
custody and/or visitation shall not be deemed a violation of this order.
d. Prohibit Defendant from having any contact with Plaintiff and/or the minor
child/ren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiff s school,
business, or place of employment, except as the court may find necessary with
respect to partial custody and/or visitation with the minor child/ren.
e. Prohibit Defendant from having any contact with Plaintiffs relatives and
Plaintiffs children listed in this petition, except as the court may find necessary
with respect to partial custody and/or visitation with the minor child/ren.
The following persons are Plaintiff s relatives or family and household
members that Plaintiff believes require protection from stalking and harassment
by Defendant.
f. Order the following additional relief, not listed above:
- Defendant shall not damage, destroy, or dispose of in any manner, any
property owned jointly by the parties or solely by the plaintiff.
g. Grant such other relief as Plaintiff requests and/or the court deems appropriate.
h. Order the police, sheriff or other law enforcement agency to serve Defendant
with a copy of this petition, any order issued, and the order for hearing.
Plaintiff will inform the designated authority of any addresses, other than the
Defendant's residence, where Defendant can be served.
Respectfully submitted,
Date: /0 la-10;7
MIDPENN LEGAL SERVICES
By:
Grace E. D'Alo, ttorney for Plaintiff
Jessica Holst, Attorney for Plaintiff
Geoffrey M. Biringer, Attorney for Plaintiff
401 East Louther Street, Suite 103
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and statements
contained in the above Petition are true and correct to the best of my knowledge. I understand that any
false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification
to authorities.
Dated:
M issa Bupp, laintiff
r-o
}?+ y
Simpson, Renee
From: ra-jnetoperations@state.pa.us
Sent: Friday, October 12, 2007 5:17 PM
To: Simpson, Renee
Subject: PFAD Document Confirmation No.994099 against BUPP, GARY
PFAD Document Confirmation No.994099 against BUPP, GARY filed by BUPP, MELISSA
RECORD ACCEPTED BY CLEAN: 2007-10-12 17:16:47Z
1
13 IS,&&
2
OCT 12 2007
Melissa Ann Bupp, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 1999 - 4099 CIVIL TERM - LAW
Gary Lee Bupp,
Defendant PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may
proceed against you and a FINAL order may be entered against you granting the relief requested in the
petition. In particular, you may be evicted from your residence, be prohibited from possessing any
firearm, other weapon, ammunition or any firearm license, and lose other important rights, including
custody of your children. Any protection order granted by a court may be considered in subsequent
proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including
child custody.proceedings under Chapter 53 (relating to custody).
A hearing on the matter is schedul d for the / day of? , 2007,
at l/: 110 q .m., with Judge in Courtroom No. _,41?_ on the 4t Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
You MUST obey the order that is attached until it is modified or terminated by the court after notice and
hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may
subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00
and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution
and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this
order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth
of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject
to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §2261-2262.
If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to
the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm,
other weapon, or ammunition listed herein to a third party provided you and the third party first comply
with all requirements to obtain a safekeeping permit. You must relinquish any firearm, other weapon,
ammunition or any firearm license listed herein no later than 24 hours after service of the order. Failure
to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a,
violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa.
C.S.A. §6105.
NOTICE: Even if this order does not direct you to relinquish firearms, you maybe subject to federal
firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g)(8).
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE
RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL
NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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 HELP. IF YOU CANNOT FIND A LAWYER,
YOU MAY HAVE TO PROCEED WITHOUT ONE.
County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
Distribution to:
Legal Services
Faxed & Mailed to PSP
This verifies that the above document is on file with the Cumberland County Office of the Prothonotary.;
Melissa Ann Bupp,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
Gary Lee Bupp,
Defendant
: No. 1999 - 4099
' CIVIL ACTION - LAW
' PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Gary Lee Bupp
Defendant's Date of Birth is: September 28, 1962
Defendant's Social Security Number is:
Name(s) of All protected persons, including Plaintiff and minor children:
1. Melissa Ann Bupp
2. j---- Eliot al
5 t,J
AND NOW, on 12th Day of October, 2007 upon consideration of the attached
Petition for Protection from Abuse, the court hereby enters the following Temporary
Order:
Plaintiffs request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant is evicted and excluded from the residence at:
348 Maple Lane
Carlisle,PA 17015
Defendant is moving out of residence on 10/13/07.
or any other permanent or temporary residence where Plaintiff or any other
person protected under this order may live. Plaintiff is granted exclusive
possession of the residence. Defendant shall have no right or privilege to enter
or be present on the premises of Plaintiff or any other person protected under this
order.
3. Except for such contact with the minor children as may be permitted under
paragraph 5 of this order, Defendant is prohibited from having ANY
CONTACT with Plaintiff, or any other person protected under this order either
directly or indirectly, at any location, including but not limited to any contact at
Plaintiff s or other protected party's school, business, or place of employment.
4. Except for such contact with the minor child/ren as may be permitted under
paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other
person protected under this order, by telephone or by any other means, including
through third persons.
5. CUSTODY
Until the final hearing, all contact between Defendant and the child/ren shall be
limited to the following:
• Defendant shall have the following partial physical custody/visitation
rights:
Defendant shall have periods of visitation agreed upon by the parties
• - Non-harassing, non-threatening contact between the parties
regarding custody and/or visitation shall not be deemed a violation of
this order.
6. The following additional relief is granted:
7. A certified copy of this order shall be provided to the sheriff or police
department where Plaintiff resides and any other agency specified hereafter:
Middlesex Township Police Department
8. The sheriff, police or other law enforcement agencies are directed to serve
Defendant with a copy of the petition, any order issued, and the order for
hearing. Petitioner will inform the designated authority of any addresses, other
than Defendant's residence, where Defendant can be served.
9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL OCTOBER 12, 2010 OR UNTIL OTHERWISE
MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up
to six months in jail. 23 Pa.C.S.A. § 61J4. Consent of Plaintiff to Defendant's return
to the residence shall not invalidate this order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23
Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other
weapons or ammunition or any firearm license, those items must be relinquished to
the sheriff within 24 hours of the service of this order. As an alternative, Defendant
may relinquish any firearm, other weapon or ammunition listed herein to a third
party provided Defendant and the third party first comply with all requirements to
obtain a safekeeping permit. If, due to their current location, firearms, other weapons
or ammunition cannot reasonably be retrieved within the time for relinquishment,
Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons
or ammunition and their current location no later than 24 hours after the service of
this order. Defendant is further notified that violation of this order may subject
him/her to state charges and penalties under the Pennsylvania Crimes Code and to
federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § §
2261-2262.
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
This order shall be enforced by the police department or sheriff who has jurisdiction
over Plaintiffs residence OR any location where a violation of this order occurs OR
where Defendant may be located. If Defendant violates Paragraphs 1 through 5 of
this order, Defendant shall be arrested on the charge of indirect criminal contempt.
An arrest for violation of this order may be made without warrant, based solely on
probable cause, whether or not the violation is committed in the presence of a police
officer or sheriff.
Subsequent to an arrest, the law enforcement officer or sheriff shall seize all
firearms, other weapons and ammunition in Defendant's possession which were used
or threatened to be used during the violation of the protection order or during prior
incidents of abuse and any other firearms in Defendant's possession. Any firearm,
other weapon, ammunition or any firearm license must be delivered to the sheriff s
office of the county which issued this order, which office shall maintain possession
of the firearms, other weapons and ammunition until further order of this court,
unless the weapon/s are evidence of a crime, in which case, they shall remain with
the law enforcement agency whose officer or sheriff made the arrest.
BY THE COURT:
d
Kt i it/ 14. - s Judge
Date
Distribution to:
Legal Services
Fa?ed & Mailed to PSP
?S L.S
PSP
TRANSMISSION VERIFICATION REPORT
TIME 10/12/2007 15:51
NAME PROTHONOTARY C LONG
FAX 7172406573
ItL
SER.# BROH3J606381
FAX NO./NAME LEGAL SERVICE
DURATION 00:01:03
PAGE(S) 09
RESULT
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ECM
CURTIS R. LONG
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CUMBERLAND COUNTY
ONE COURTHOUSE SQUARE
f" An ir TQt U D A 1 17n1 9 "?'?Or!
(717) 240-6195
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Curtis R. Long, Frotbonotary
To: Legal Services
Fax#
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RE:
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TRANSMISSION VERIFICATION REPORT
TIME
NAME
FAX
TEL
SER.
DATE DIME 10112 15:52
FAX NO./NAME LEGAL SERVICE
P[??FC3 AR y
RESULT- i K
MODE STANDARD
ECM
CURTIS R. LING
PROTHONOTARY
CUMBERLAND COUNTY
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 2406195
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Curtis R. Long, Prothonotary
To: Legal Services
Fax#
From: Cumberland County Protbonotary
ur•
10/12/2007 15:53
PROTHONOTARY C LONG
7172406573
# : BROH3J606381
Message:
0
Melissa Ann Bupp, IN THE COURT OF COMMON PLEAS OF
Plaintiff,
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 1999 - 4099 CIVIL TERM - LAW
Gary Lee Bupp, :
Defendant
PROTECTION FROM ABUSE
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Plaintiff, Melissa Ann Bupp, in the above
captioned case.
Respectfully submitted,
Eli beth B. Plac/e
M dPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717) 243-9400
Date: ? >>?
lJ
C) o d
'I
7
1. __ J
V
CD
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04099 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BUPP MELISSA A ET AL
VS
BUPP GARY L
SHARON LANTZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
BUPP GARY L the
DEFENDANT at 1849:00 HOURS, on the 16th day of October , 2007
at 807 B FAIRFIELD STREET
MECHANICSBURG, PA 17055 by handing to
GARY LEE BUPP
a true and attested copy of PROTECTION FROM ABUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.64
Affidavit .00
Surcharge 10.00
.00
i?t ?lq?p? 36.64
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
00/00/0000
LS
By.
eputy ST-i er'ff
A.D.
?ggKO
Melissa Ann Bupp, : IN THE COURT OF COMMON
Plaintiff : PLEAS OF
: CUMBERLAND COUNTY,
PENNSYLVANIA
V.
Gary Lee Bupp, : No. 1999 - 4099
Defendant
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: Gary Lee Bupp
Defendant's Date of Birth: September 28, 1962
Defendant's Social Security Number:
Names and Dates of Birth of All Protected Persons, including Plaintiff and minor
children:
Names Dates of Birth
1. Melissa Ann Bupp July 20, 1971
Plaintiff or Protected Person(s) is/are:
[X] spouse or former spouse of Defendant
[X] parent of a child with Defendant
[ ] current or former sexual or intimate partner with Defendant
[ ] child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (person who shares parenthood) of Defendant
[ ] current or former cohabitant (person who lives with) Defendant.
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice
of the time, date and location of the hearing scheduled in this matter.
AND NOW, this 18th Day of December, 2007 the court having jurisdiction over
the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED
as follows:
This order is entered by agreement without an admission. Without regard as to how the
S
order was entered, this is a final order of court subject to full enforcement pursuant to the
Protection From Abuse Act.
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical
force that would reasonably be expected to cause bodily injury to Plaintiff or
any other protected person in any place where they might be found.
2. Defendant is completely evicted and excluded from the residence at:
348 Maple Lane
Carlisle PA 17015
or any other residence where Plaintiff or any other person protected under this
order may live. Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present on the premises
of Plaintiff or any other person protected under this order.
On Defendant may enter the residence to retrieve his/her
clothing and other personal effects, provided that Defendant is in the company
of a law enforcement officer or sheriff when such retrieval is made and Date
will be set be at the parties' convenience.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff either
directly or indirectly, or any other person protected under this order, at any
location, including but not limited to any contact at Plaintiffs or other protected
party's school, business, or place of employment.
4. Defendant shall not contact Plaintiff, either directly or indirectly, or any other
person protected under this order, by telephone or by any other means,
including through third persons.
5. The following additional relief is granted as authorized by §6108 of the Act:
- Non-harassing, non-threatening contact between the parties regarding
custody and/or visitation shall not be deemed a violation of this order.
- Defendant shall not damage, destroy, or dispose of in any manner, any
property owned jointly by the parties or solely by the plaintiff.
6. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
Middlesex Township Police Department
7. All provisions of this order shall expire in 3 years on December 18, 2010.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE
BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX
MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO
PROSECUTION AND CRIMINAL PENALTIES UNDER THE
PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY
RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH
WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR
FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF.
PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT
INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY
FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g).
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT
TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C
§§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION
WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A
FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT
EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR
AMMUNITION. 18 U.S.C. §922(g)(8).
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
The police and sheriff who have jurisdiction over Plaintiffs residence OR any
location where a violation of this order occurs OR where Defendant may be
located, shall enforce this order. The court shall have jurisdiction over any indirect
criminal contempt proceeding, either in the county where the violation occurred or
where this protective order was entered. An arrest for violation of paragraphs 1
through 4 of this order may be without warrant, based solely on probable cause,
whether or not the violation is committed in the presence of the police or any
sheriff. 23 Pa.C.S.A. §6113.
Subsequent to an arrest, and without the necessity of a warrant, the police officer
or sheriff shall seize all firearms, other weapons and ammunition in Defendant's
possession that were used or threatened to be used during the violation of the
protection order or during prior incidents of abuse and any other firearms in
Defendant's possession.
The Sheriff of Cumberland County shall maintain possession of the firearms,
other weapons or ammunition until further order of this court.
A ,
When Defendant is placed under arrest for violation of this order, Defendant shall
be taken to the appropriate authority or authorities before whom Defendant is to be
arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and
signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, Defendant shall be
arraigned, bond set, if appropriate and both parties given notice of the date of the
hearing.
.
Date
BY THE COURT
Entered pursuant to the consent of Plaintiff and Defendant:
nn Date !Gary LdeXupp, Date
'B
lip
slA
Plaintiff Defendhift
El' h B. ,
Att rney for Plaintiff
MidPenn Legal Services
401 East Louther Street
Carlisle PA 17013
1 Le U
1 E. Rominger, Date
Attorney for Defendant
Rominger Law Office
155 South Hanover Street
Carlisle PA 17013
Distribution to:
MidPenn Legal Services, Attorney for Plaintiff
Karl E. Rominger, Attorney for Defendant
Faxed and Mailed to PSP
,S
.t
Fla)4-Y-FICE
OF THE PP,'7L;` OTARY
7007 DEC 19 AM 9: 28
PENNSYLVANIA
I TRANSMISSION VERIFICATION REPORT 11
TIME : 12/19/2007 09:45
I'irtil''IG f-MU 1 rIUI'{U 1 iArl', f 1J L.UI 41-7
FAX 7172406573
TEL
SER.# BROH3J606381
DATEJIME 12/19 09:44
FAX N0./NAME LEGAL SERVICE
DURATION 08:01:01
PAGF «? 0q
RESULT OK
MUDS J I rii'di)HY:IJ
CURTTR R. LONG
To:
Fax#
A. A, 1. ax..
RE:
Message:
DrDATrunVAT A RV
?-1------ , -
CUMBERLAND COUNTY
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
(717) 240-6195
Curtis R. ,Long, Prothonotary
Legal Services
ciiiw 6ari•a"a r aiiiinl'v Frnthnnnt5irv
0-yo?9
Simpson, Renee
From: ra-jnetoperations@state.pa.us
Sent: Wednesday, December 19, 2007 10:24 AM
To: Simpson, Renee
Subject: PFAD Document Confirmation No. 19994099 against BUPP, GARY
PFAD Document Confirmation No.19994099 against BUPP, GARY filed by BUPP, MELISSA
RECORD ACCEPTED BY CLEAN: 2007-12-19 10:23:24Z
1