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HomeMy WebLinkAbout09-1034IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY L. BUPP, CIVIL ACTION Plaintiff No p? _ l03y ??; l V. . MELISSA BUPP, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Gary Bupp who currently resides at 348 Maple Lane, which is in Cumberland County, Pennsylvania. 2. The defendant is Melissa Bupp who currently resides at 472 Brook Circle, Mechanicsburg, Pennsylvania, which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following children: Name Residence Age Jessie Elliott Bupp 472 Brook Circle, Mechanicsburg 16 (DOB-10/8/92) Deric Alexander Bupp 348 Maple Lane, Carlisle 15 (DOB -10/6/93 ) Brandon Lee Bupp 472 Brook Circle, Mechanicsburg 13 (DOB - 6/16/95) The parties were not married at the time that Jessie was born. The parties were married at the time that Deric and Brandon were born. During the past five years (or date of birth of the children), the children have resided with the following persons and at the following addresses: (List all Persons) (List all Addresses) (Dates) Gary, Melissa, Jessie 348 Maple Lane prior to 8/2007 Deric, and Brandon Bupp Carlisle, PA 17013 Melissa, Jessie, Deric 472 Brook Circle 8/2007 to 1/2009 And Brandon Bupp Carlisle, PA 17013 Deric has resided with the Plaintiff since January of 2009. Jessie and Brandon have resided with the Defendant continuously but have visited with the Plaintiff periodically. The mother of the children is Melissa Bupp, currently residing at 472 Brook Circle, Mechanicsburg. She is divorced. The father of the children is Gary Bupp, currently residing at 348 Maple Lane, Carlisle, Pennsylvania. He is divorced. 4. The relationship of Plaintiff to the children is that of father. The plaintiff currently resides with the following persons other than children: Susan Wass (girlfriend) 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons other than the children: None. 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the childen pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff is willing and able to perform the primary parental responsibilities for the children. Plaintiff is in the best position to provide the care and nurture which the children need for healthy development. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant him custody of the minor children. Coover, Esquire ID 92385 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY BUPP, Plaintiff V. MELISSA BUPP, Defendant CIVIL ACTION CUSTODY VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: d- IF- 0? a 6 GARY BUPP V. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1034 CIVIL ACTION LAW MELISSA BUPP DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 31, 2009 at 10:00 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. 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: John Mangan, x. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 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 D K . ..T; 71 tl ? r ? V ? V GARY L. BUPP, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 09-1034 MELISSA BUPP, CIVIL ACTION Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Melanie L. Erb, Esquire in the above referenced matter for the Defendant, Melissa Bupp, per her request. Date: O/ 2 Respectfully Submitted, Vel gLE*44:K Attorney ID 84445 2132 Market Street Camp Hill, PA 17011 (717)975-9446 ?r GARY L. BUPP, Plaintiff, V. MELISSA BUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 09-1034 CIVIL ACTION IN CUSTODY CERTIFICATE OF SERVICE The undersigned hereby certifies that on his date, a true a correct copy of the forgoing Praecipe was served by first class mail upon the following: Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 Date: ?el t?'? E.-: ?,? r , a? ._ -.,.. r f - -'' t'? °+ ?? .mil '? "' APR 0 2 7009 D G f GARY L. BUPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-1034 CIVIL ACTION LAW MELISSA BUPP, IN CUSTODY Defendant ORDER OF COURT AND NOW this 6 day of April 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Gary Bupp, and the Mother, Melissa Bupp, shall have shared legal custody of Jesse E. Bupp, born 10/08/1992, Deric A. Bupp, born 10/06/1993 and Brandon L. Bupp, born 06/16/1995. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother and Father shall arrange physical custody of the Children as follows: a. During the school year, Father shall have primary physical custody of Deric A. Bupp and Mother shall have primary physical custody of Jesse E. Bupp and Brandon L. Bupp. The parents shall alternate weekends with the three boys from Friday evening until Sunday evening. The parents shall meet at the Kohl's in Silver Springs for the custody exchanges absent mutual agreement otherwise. b. During the Children's summer vacation, the parents shall share physical custody of the Children starting the first Sunday after school lets out, Father shall have physical custody of the Children for a two week block ending on Sunday evening followed by Mother having custody of the Children for a two week block from Sunday evening to Sunday evening. This schedule shall continue until the end of the summer vacation. C. Father and Mother may alter this schedule the parties mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 5. Each parent shall have one week (seven consecutive days) of vacation with the Child/ren p*,k year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the parry first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Child/ren out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third parry to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other parry, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. When, or if, a Child obtains a job, or involved in extra-curricular activities, the Child may work/ participate in activities during custodial periods of either parent. The parent who has custody of the Child shall provide transportation as necessary for the Child in question. This may change with the parents' agreement on a day to day basis as necessary or proper. 10. Neither party shall allow unsupervised contact between the Children and Calvin McCauslin (absent mutual agreement otherwise). 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. Distribution: , / heri Coover, Esquire Melanie Erb, Esquire, Law Office of Darrell Dethlefs, 2132 Market Street, Camp Hill, PA 17011 ,/John J. Mangan, Esquire J el, Lcr-L 411t,109 ?::Zrn ?a?dG'r'?1rt?i`?1'?:3c? 81 :1 Wd 9?- M 6001 J vioi?'J- H" °0,8d -1l t 3Q 30 -I-C4 3"i13 HOLIDAYS AND TEWES EVEN SPECIAL DAYS YEARS Easter Da Mother Memorial Da Father Independence Day From 4t of July until 4:30 pm July Father 5th Labor Da Mother Thanksgiving Da Father Christmas Eve Father Christmas Da Mother New Year's Eve Mother New Year's Da Father Mother's Day From 8 am until 8 m Mother Father's Da From 8 am until 8 m Father ODD YEARS Father Mother Mother Father Mother Mother Father Father Mother Mother Father GARY L. BUPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-1034 CIVIL ACTION LAW MELISSA BUPP, IN CUSTODY Defendant CUSTODY CONCELIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CPAL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent informati litigation is as follows: Name Jesse Elliot Bupp Deric Alexander Bupp Brandon Lee Bupp on pertaining to the Children who are the subject of this Date of Birth Currently in the Custody of 10/08/1992 Primary Mother 10/06/1993 Primary Father 06/16/1995 Primary Mother 2. A Conciliation Conference was held with regard to this matter on March 31, 2009 with the following individuals in attendance: The Mother, Melissa Bupp, with her counsel, Melanie Erb, Esq. The Father, Gary Bupp, with his counsel, Sheri Coover, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J. g , E quire Custod Co iliator