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HomeMy WebLinkAbout03-6359TRACY M. RUPP, JEFFREY L. RUPP, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 4o. tv.l- 4,3gq ctwL TER IN CUSTODY COMPLAINT FOR CUSTODY Plaintiff is Tracy M. Rupp, an adult individual currently residing at 420 North College Street, Carlisle, Cumberland County, Pennsylvania. Defendant is Jeffrey L. Rupp, an adult individual currently residing at 67 Mountain Street, Mount Holly Springs, Cumberland County, Pennsylvania. The parties are the natural parents of four (4) children, namely, Adam L. Rupp, born January 26, 1987, Jeremy V. Rupp, bom October 20, 1989, Taylor M. Rupp, born July 8, 1996, and Dakota L. Rupp, born September 28, 1997. The child was not bom out of wedlock. For the past five (5) years, or since the children's birth, the children have resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS Tracy Rupp Blaine Lear Peggy Lear 420 North College Street Carlisle, PA DATES December 8, 2003 to Present Plaintiff 67 Mountain Street Defendant Mt Holly Springs, PA December 8, 2003 The natural mother of the children is Tracy M. Rupp who resides as aforesaid. She is married. The natural father of the child is Jeffrey L. Rupp who resides as aforesaid. He is married. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with her parents, Blaine and Peggy Lear, and the children at issue. The relationship of the Defendant to the children is that of natural father. Defendant currently resides alone. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning custody of the children. Plaintiff has no information of any custody proceedings concerning the children pending in any Court of this Commonwealth. It is in the best interest and permanent welfare of the children to grant the relief requested because: a) Plaintiff has been the primary custodian for the parties' children since the time of their birth; b) Defendant has been verbally and emotionally abusive to the Plaintiff in front of the children and has created fear and concern in the children for Plaintiff's welfare as well as teaching the children his improper conduct through his actions in front of the children; c) Plaintiff has provided the primary educational, emotional, and social guidance for the children; 10. Plaintiff does not know any person not a party to these proceedings who claim to have custody or visitation rights with respect to the children. WHEREFORE, Plaintiff requests your Honorable Court to schedule Custody Conciliation Conference followed by a hearing at which time she should be granted primary physical custody of the children. Respectfully submitted, / ~ "~uire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: lO- ~:' 03 T~Y M.' R~laintiff TRACY M. RUPP : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 03-6359 CIVIL ACTION LAW JEFFREY L. RUPP : iN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 12, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 08, 2004 at 8:30 AM for a 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy. Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. Fox' information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 S ! :~1 Nd 9 t 3~0 EI]O~ TRACY M. RUPP, Plaintiff V JEFFREY L. RUPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-6359 CIVIL : IN CUSTODY' CO~TO~ER AND NOW, this ~.~ ¢~day of January, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Tracy M. Rupp, and the father, Jeffrey L. Rupp, shall enjoy shared legal custody of Adam L. Rupp, born January 26, 1987, Jeremy V. Rupp, born October 20, 1989, Taylor M. Rupp, born July 8, 1996, and Dakota L. Rupp, born September 28, 1997. 2. Father shall enjoy primary physical custody of Adam and Jeremy, and mother shall enjoy primary physical custody of Taylor and Dakota. 3. The custody arrangements shall be such that all 4 children shall be together every weekend with father having custody of all 4 children from Friday at 5:00 p.m. until Saturday at 5:00 p.m. and mother having custody of the minor children from Saturday at 5:00 p.m. until Sunday at 5:00 p.m. 4. Custody on all major holidays shall be shared between the parties subject to an arrangement worked out between the parties. 5. Each parent shall have two weeks of vacation with the minor children during the summer months during which time they shall have all 4 children. The parties seeking vacation shall give at least 60 days notice to the other parent. 6. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. The parties may modify this custody arrangement by agreement between the parties. However, absent an agreement between the parties, this order shall control. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. Cc: -Bradley L. Griffie, Esquire ~N~than C. Wolf, Esquire BY THE COURT, TRACY M. RUPP, Plaintiff v JEFFREY L. RUPP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-6359 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Adam L. Rupp, born January 26, 1987; Jeremy V. Rupp, born October 20, 1989; Taylor M. Rupp, born July 8, 1996; Dakota L. Rupp, born September 28, 1997. A Conciliation Conference was held on January 8, 2004, with the following individuals in attendance: The Mother, Tracy M. Rupp, with her counsel, Bradley L. Griffie, Esquire; and the Father, Jeffrey L. Rupp, with his counsel, Nathan C. Wolfe, Esquire. 3. The parties agree to the entry of an order and the form is attached. ubert X. ~ilr.~., Esquire Custody ~/0c'~liator HAROLD 8. IRWIN, III, ESQUIRE A~'rORNEY ID NO. 29920 64 8OUTH PITT STREET CARLISLE PA 17013 (717) 243-~0g0 ATTORNEY FOR DEFENDANT TRACY M. RUPp, JEFFREY L. RUPP, Plaintiff Defendant : IN THE COURT' OF COMMON PLEAs OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION .. LAW : NO. 03 - 635g CIVIL TERM : : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into t.his _~ ay of October, 2004, by and between JEFFREY L. RUPp (hereinafter referred to as "Father") and TRACY M. RUPp (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of four minor children, namely, ADAM L. RUPP (born January 26, 1987), JEREMY V. ,RUPP (born October 20, 1989), TAYLOR M. RUPP (born July 8, 1996) and DAKOTA L. RUPP (born September 28, 1997); and WHEREAS, the parties previously entered into an agreement relative to the custody, partial custody, and support of the children, which agreement was confirmed by Order of Court dated January 23, 2004, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A"; and WHEREAS, the parties have reconciled their differences and have or resumed cohabitation in the marital home and, in consequence thereof, are desirous of modifying their previous agreement whereby it would become null and void and the parties would resume joint legal and physical custody of their children. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. The parties shall have joint legal custody of the children. 2. The parties shall have joint physical custody of the children. 3. The parties agree that their previous agreement regarding custody shall become and is hereby declared to be null and void and that they request jointly that the Court vacate its order of Court dated January 23, 2004, returning the parties a~qd the issue of the custody and support of their children to the status quo prior to entry of said Order. 4. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 5. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and only if executed with the same formality of this agreement. 6. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: (SEAL) (SEAL) _-VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to autl~orities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other Proceeding. October ~..~_, 2004 October ~..~, 2004 (SEAL) TR~M.~~(SEAL) EXHIBIT "A " TRACY M. RUPP, Plaintiff V JEFFREY L. RUPP, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBER]LAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 03-6359 CIVIL · IN CUSTOiDY COURT ORDER AND NOW, this ~ day of January, 2004, apon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Tracy M. Rupp, and the fal~her, Jeffrey L. Rupp, shall enjoy shared legal custody of Adam L. Rupp, born January 26, 1987, Jeremy V. Rupp, born October 20, 1989, Taylor M!. Rupp, born July 8, 1996, and Dakota L. Rupp, born September 28, 1997. 2. Father shall enjoy primary physical custody of Adam and Jeremy, and mother shall enjoy primary physical cnstody of Taylor and Dakota. 3. The custody arrangements shall be such that all 4 children shall be together every weekend with father having custody of all 4 children from Friday at 5:00 p.m. until Saturday at 5:00 p.m. and mother having custody of the minor children from Saturday at 5:00 p.m. until Stmday at 5:00 p.m. 4. Custody on ali major holidays shah be shared between the parties subject to an arrangement worked out between the panties. 5. Each parent shall have two weeks of vacation with the minor children during the summer months during which time they shal~ have all 4 children. The parties seeking vacation shall give at least 60 .days notice to the other parent· 6. This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference· The parties may modify this custody arrangement by agreement between the parties. However, absent an agreement between the parties, this order shall control. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. Cc: Bradley L. Griffie, Esquire Nathan C. Wolf, Esquire BY THE COURT, ~ud~ -£- TRUE COPY FROM RECORD Testimony wflerf~of, I here unto set my hand ahff~the seal of sai~ Court at Carli,5~e~ I~. TRACY M. RUPP, Plaintiff V JEFFREY L. RUPP, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-63.q9 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CLrMBERLAN1} COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Adam L. Rupp, born January 26, 1987; Jeremy V. Rupp, born October 20, 1989; Taylor M. Rupp, born July 8, 1996; Dakota L. Rupp, born September 28, 1997. A Conciliation Conference was held on January 8, 2004, with the following individuals in attendance: The Mother, Tracy M. Rupp, with her counsel, Bradley L. Griffie, Esquire; and the Father, Jeffrey L. Rupp, with his counsel, Nathan: C. Wolfe, Esquire. The parties agree to the entry of an order and the form is attached. Hubert X. Gilr~.9~, Esquire Custody ~hator HAROLD S. IRWIN, IR, ESQUIRE AI'~ORNEY ID NO. 28920 64 DOUTH PII~ STREET CARLISLE PA 17013 (717) 24,3-8O80 ATTORNEY FOR DEFENDANT TRACY M. RUPP, : IN THE COURT OF COMMON PLEAS OF Vm JEFFREY L. RUPP, Plaintiff Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6359 CIVIL TERM IN CUSTODY _ORDER OF COURT AND NOW this I ~ l~ay of October, 2004, upon presentation and consideration of the ~oiltlhoJv~s~tipulat,on and upon agreement of the part/es, it is hereby ordered and decreed as A. In all respects, the parties' previous custody agreement is hereby declared null and void and the Order of Court dated January 23, 2004 in this matter is hereby vacated. B. The part/es shall have joint legal and physical custody of their minor children, ADAM L. RUPP (born January 26, 1987), JEREMY V. RUPp (born October 20, 1989), TAYLOR M. RUPP (born July 8, 1996) and DAKOTA L. RUPP (born September 28, 1997). C. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only jf executed with the same formality of the agreement of the parties. D. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. 10-IV BY THE COURT,