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Home My WebLink About05-0541 NOTICE OF APPEAL COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ex; -.5 lJ l (1c",L '--r&2.... "Y1 l NOTICE OF APPEAL Notice is gi_ that the appellant has filed in the above Caurt of Common Pleas an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned below. ~~~:~ ~: ~:. : ADOlESS OF APPfI.l.ANT J II "f b re.en 5i r;" n 1<0:<. "",. I 7;;705 NTHE?et"\;~~ L. Ne.o.. ClAIM NO. QTY .;J~v; e. IMAG01~3:0nJ~ sr.,. I vs. SIGNATURE Of APPELLANT I~) rVr..e A. B ArrQfl:NEY A NT CV (J(JrJ () '3"U - D<1 LT This block will be ~gned ONLY when this nota~on is required under Po. R.c.PJ.P. No. 1008B. This f\Iotice of Appeal, when received by the District Justice, will operate os a SUPERSEDEAS ta the judgment far possession in this case. If appellant was T (see Pa. R.CP.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of loon to be used ONLY when appellant was DEFENDANT (see Pa. HC.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary 'Pe. VlVl; e. L. ...u~., I (J Name of appellee(sJ L ~ J ~Il r!f)within twenty (20) days a Enter rule upon , appellee(s), to file a complaint in this oppeal (Common Pleas No. D!; - (;'4 I serv;ce of rule or suffer J RULE: To 'R", n ; €- L- . ;tJe.; I Name of appeI~ s) , appeIlee(s). (1) You ore notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days after the dote of service of this rule upon you by personal service or by certified or registered maiL (2) ~ you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dote of service of this rule if service was by mail is the date of moiling. A Date: J~-A ') ~?, -L~ "-- O~ Y . 71ZJJ;: :J:2~ COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prool 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF . ss AFFIDAVIT: I hereby swear or affirm that I served o a copy ot the Notice of Appeai, Common Pleas No, ' upon the District Justice designated therein on (date of service) 0 by personal service 0 by (cerlilied) (registered) mail, sender's receipt attached hereto, and upon the appellee.~~~_ ,~,___ ",~..m .~~_, ...,_....,~' ,,_' on m_~ " 0 by personal service 0 by (certilied) (regislered) mail, sender's receipt attached hereto~ o and lurther that I served the Rule to File a Complaint accompanying the above Notice 01 Appeal upon the appeilee(s) to whom the Rule was addressed on by personal 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMEDI AND SUBSCRIBED THIS OF commiSSion BXP:i2S ~ (') "" ~ C = 0 = ~ .":~. en -n ~. "'1) "r' c.... :r ~:~j~ > rn::!l ~ :;e ~~ (.-');. N '-- .,-(:>" CXl 0"- ) ~;~ I':'.' ~_,o 8 ~~; -0 r"'T'i ~ b:n -u -,-(') N) w om -< D F :::;1 .c- ?o <J'l .< ~ J COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dis!. No' NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE 09-3-03 PLAINTIFF: INEAL, PENNIE L 21 APPALACHIAN TRAIL GARDNERS, PA 17324 NAME and ADDRESS I OJ Name: Hon. ROAD Address SUSAN K. DAY 229 ~ILL ST, BOX 167 MT. HbLLY SPRINGS, PA L -.J VS. 17065 DEFENDANT: 'BUPP JR, BRUCE A 1199 GREEN SPRING ROAD NEWVILLE, PA 17241 NAME and ADDRESS r",phOO' (717) 486-7672 I BRUCE A. BUPP JR 1199 GREEN SPRING ROAD NEWVILLE, PA 17241 L Docket No.: CV- 0000356 - 04 Date Filed: 11/08/04 .J ..,'..,.,' ~:- "- , , TRIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTTFF [iJ [iJ Judgment was entered for: (Name) NRlIT. PRl\TfJTF. T. . Judgment was entered against: (Name) , RTTPP ,TR. RRTT~F. II in the amount of $ "! n"!4 'in on: (Date of Judgment) 1 In"! /n'i o Defendants are jointiy and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachmentl42 Pa.C.S. S 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2,950.00 Judgment Costs $ 84.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,034.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS'THE RIGHTTO APPEAIe WITHIN 3& DA-YS AFTER 'THE-ENTRY OF JUDGMENT BY HLlNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ......~' '.....-.- I ~ ,.,- - 5- 0./ Date ....., -1 I '... .... ,-.. - :. .. - ~ . ':DrstriCl"'J~siibe~ Date proceedings containing 1he judgment_ . , Dist':id Justice ...' My commission expires first Monday of January, 2010 S EA'[} AOPC 315-03 DATE PRINTED: 1/04/05 7:46:10 AM -..,~~~....."~]<:,,,,,~, "~"_",,,,,,""~'~_'i'V'f ~~'l""'.,,>, '..,'.~"'. ....,,~....,.. .",~~_.,:,"""fII.~"~:;:j';.!'i".'f-' 7"<V\"iW-r-""'c'",~' ~'OTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA cau., OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT /., COMMCtN PLEAS No. !'~: ~ ;',. ~~, I 'f I [',;;, _ " /" . ""r-, ,_ IC'._"'~\ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Caurt of Common Pleas an appeal 'from the judgment rendered by the District Justice on the dote and in the case mentioned below; -B r t4 c.-.e A. (?, utff> NAME Of: APPELlANT . 13....vc....e.. ~ iJpf, ADDIESS Of: APPELlANT 11 b r2b1 S; r,'1I IN THE CASE Plaintiff ) ?e.nn" aTY ;VeloVV' I MJoG. DlST. NO OR NAME Of OJ, OCf-- 3- o~ STATE Hi ZPCOOf. lrz-tJ/ L. (0eIendw<t I AkQ, YS Brvu. A. 3'4Ef ~ SIGNATURE Of APPELlANT ,OIl: HtS ATTORNEY OR AGENT CV /MO Q ~"(,, - {)'1 LT Th~ block will be ~gned ONLY when this notation is required und... Po. R.c.PJP. No. 10088. This Notice of Appeal, when received by the Dis.trict Justice, will operate as a SUPERSEDEAS to the judgment far possession in this case. If appellant was T (see Pa. R.CP.JP. No. t001 (6) In action before District Justice, he MUST FILE A COMPLAINT wlfhln twenty (20) days after l'iIing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINt AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P, No. IF NOT USED, detach from =y of notice of appeal fo be served upon appellee), PRAECIPE: To Prothonotary 'u'. )J'I Enter rule upon r e. Vl ,1, e... L. e,,,, ,~" Name of appelfee(sJ (Common Pleas No. /)j,.. i,~LII (ii I" t'7f:/i tll}wi!hin twenty (20) days alte . /;, 1001 (7) in action ,before District Ju~tlC'(!. , appeUee{s), to file a comptoint in this appeal RULE: To RVl Yl ,e '- . Nfl", I Name of appe/~S) try of judgment of non pro~ ,/'} r;.. , appellee(s). (1) You are notified that a rule is hereby entered upon yau to file a complaint in !hi" appeal within twenty (20) days after the date of servke of this Nte upon you by personal service or by certified or registered moil. (2) II you do pOt file a cqrnpiaint' within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. ",. , (3) The date ,of ....vice of this role:if service wos by mail is the date of mailing. )~.... 'iP':'""'l ^k.r Date: ~ .-; A) !2{ (I .' -.<J"d.>'..) '-- /) //. .J..(~'/; ()/'l- { - - ,r) ....r >"j,'.' ,...'\~ ! /.- ',. - . 7,1e fl<J, 7;:lJt, ' ( Signature 01 " ~ j ; , AOPC 312.90 COURT FILE .si&. PROOF OF SERVICE OF NOTiCE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FiLED vVITHIN TEN DAYS the ot boxes I COMMONWEALTH OF PENNSYLVANIA I COUNTY of/l)-Y~iarri . S8 AFFIDAVII: I hereby swear or affirm that I served.., , r" o a copy 01 the Notice et~SJ.:'::' L)(,r the (date of sorvicoj 0 by ~otsonr,1 s2rvice'p by receipt attoched hereto, and upon t~ aG~~~~~onal servlce-Db~~;?~(regi~jer~d) .., o and furlher that I served the Rule to File a Complaint accompanying the above Notice of tr.o Rule was addressod on 0 mail, sender's receipt attached hereto on <m receipt attached hereto. upon Ihe to whom h, t,~! SWORN~AF~RMEO) ) ~~?..,..,. . ""........ SUBSCRIBED /'i I. ~ ,~ .-? ,_,~ /i /,j;~; ,_ " " I --- . ,I ,/ ' . y ~ / I . ' ' ,./ ,/'J..' /1 Y _~ t', ~ _"'-y" ~ ,.,' ^ ,.... -~-"'...... ,"_.J.<.~..;...<t~,,"__'_' ....~.......>_.. ..,_..............,..... _~.._.._.>..;_.....:.:.....: ; t" SiClIJJtUi'r) n U.S. Postal Service"" CERTIFIED MAIL", RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) .-> ~ '5; {,'o:?~.~; Restricted Delivery Fee .0 00 ~ (Endorsement Required) . . . $ $~.~2 '1 0; Total Postage & Fees ent , . L ./'. " -s;..,/'f,;/JIJ.LfA---"..--:=ft:.1- ------'y.....m.....:.J..m....m... "'-:!?;:;;.~---- V2f-Wf.A..Cf1.l.(,LV-L,J. .t:.o..1. "..""m'" U.15 ~~~;, ~::l -(. -0 ::Jl': ~ o ." %:r.\ -o~ -n o :::1-n c2:D J'~~ ';2. ;P.' t"'~ :~ 01 d,''''" <.."._ '>i.* " 7"" 6ilRnRERif pM, 7124\; (') C:. 4:)i,}; "5)1, . :/" en <- ~ r-.:> cf) ) 1 Po",,,,. $ , Certified Fee i Return Receipt Fee (Endorsement Required) $0.37 $2.30 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A PENNIE L. NEAL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : No. 05-541 BRUCE A. BUPP, JR. Defendant : CIVIL TERM NOTICE TO DE1FEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 32 South Bedford Street Carlisle, PA 17013 Phone: 717.249.3166 v SAID IS, SHUFF, FLOWER & LINDSAY Dated:.2 -( [{-03-- BY'/\v} 11 A{C \ . 'd--~I ~-) : = Smith, Esquire ( ~ Supreme Court LD. # 90166 . 26 West High Street Carlisle, PA 17013 Phpne: (717) 243-6222 Fax: (717) 243-6510 Attorney for Plaintiff T SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA PENNIE L. NEAL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : No. 05-541 BRUCE A. BUPP, JR. Defendant : CIVIL TERM COMPLAIN1: AND NOW, comes the Plaintiff, Pennie L. Neal, by and through her undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of her Complaint against Defendant as follows: 1. Plaintiff, Pennie L. Neal, is an adult individual with her principal residence being located at 21 Appalachian Trail Road, Gardners, Pennsylvania. 2. Defendant, Bruce A. Bupp, Jr., is an adult individual with his principal residence being located at 1199 Green Spring Road, Newville, Pennsylvania. 3. The parties to this action were married on October 15, 1988, separated on June 30, 1997, and a complaint for divorce was entered on July 7, 1997. 4. On April 12, 2000, the parties appeared before the Divorce Master to have their property settlement agreement entered into the record. A copy of the record is attached hereto and incorporated herein by reference as Exhibit A. 5. Paragraph six (6) of the Agreement states that Defendant, agreed to refinance the loan on the mobile home and ,pay it in full, after which Plaintiff agreed to convey title to the mobile home to the Defendant, conveying all of her right, title and interest in said mobile home. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 w. High Street Carlisle, P A 6. Defendant failed to refinance the loan on the mobile home in breach of the stipulated Marital Settlement Agreement, and to satisfy the mortgage. 7. On October 11, 2004, Plaintiff received a "Final Notice" from, Synergetic Communication, Inc. stating that there was an outstanding debt of $16,283.21 owed to Greenpoint Credit Corp. as the balance on the mortgage to the mobile home. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit B. 8. On October 21, 2004, Plaintiff paid $2,900.00 as settlement and payment in full of the mortgage against the mobile home, in return for all collections matters against Plaintiff ceasing. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit C. 9. Plaintiff received a letter from Greenpoint Credit on November 30, 2004, confirming receipt of the $2,900.00 as a final settlement on the mortgage. A copy of said letter is attached hereto and incorporated herein by reference as Exhibit D. 10. As a result of Defendant's deliberate breach of the stipulated Marital Settlement Agreement, Plaintiff suffered damages of $2,900.00 plus interest and court costs. 11. Defendant's breach of the Stipulated Marital Settlement Agreement as set forth above was arbitrary, vexatious and in bad faith. WHEREFORE, Plaintiff requests judgment against Defendant and in favor of Plaintiff, to damages in the amount of $3,034.50 plus interest, costs, and attorneys' fees. SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT.LAW 26 W. High Street Carlisle, PA " Date: ;;2 -/ Y-b..s- Respectfully submitted, SAlOIS, SHUFF, PLOWER & LINDSAY Attorneys for the Plaintiffs By: ~ ICf J lyn M. Smith, Esquire upreme Court J.D. #90166 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Pax: (717) 243-6510 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA VERIFICA nON I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904, relating to unsworn falsification to authorities.. Dated: rtbr7,[ 1 Uf /1, l, IJ()S (J , (/J c'/( ./ . h~~~/- 7(t?L~I/ Permie 1. Neal ~ PENNIE L, BUPP, Plaintiff IN THE COUET OF COMMON PLEAS OF CUMBEELAND COUNTY, PENNSYLVANIA vs, NO, 97 - 3679 CIVIL BEUCE A, BUPP, JE" Defendant IN DIVOECE THE MASTER: Today is Wednesday, April 12, 2000, This is the date set for a conference with the parties and counsel, Present in the hearing room are the Plaintiff, Pennie L, Bupp, and her coun;sel Bradley L, Griffie, and the Defendant, Bruce A, Supp, Jr., and his counsel Mark D. Schwartz. This action was commenced by the filing of a divorce complaint on July 7, 1997, raisj.ng grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel have provided the Master with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today. The affidavits and waivers will be filed by the Master's office with the Prothonotary and the divorce can be concluded under Section 3301(c) of the Domestic Relatio~s Code. The complaint also raisec the economic claims of equitable distribution, alimony pendente lite, and counsel fees and costs. No claim was raised in the complaint for alimony; however, as part of the agreement, which is going to be placed on the record, there will be an alimony provision. Therefore, Mr. Griffie is going to immediately file a petition raising the alimony claim of record so that when the parties return later today to review the agreement and affirm the terms of settlement, the alimony claim will have been filed of record. The parties were married on October 15, 1988, and separated June 30, 1997. There are no children of this marriage. After considerable negotiations this morning, the Master has been advised that the parties have reached a comprehensive agreement with respect to the economic issues. The agreement is going to be placed on che record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors \,hich may be made during the transcription. Counsel and the parties are going to return later today to review the dra~t of the agreement for typographical errors, make any corrections as required, and then affix their signatures affirming the terms of the agreement as placed on the record. After the Master has been provided a signed copy of the agreement, which has been affirmed by parties and counsel, the Master will prepare an order vacating his appointment so that counsel can file a praecipe transmitting "' the record to the Court requesting a final decree in divorce. Mr. Griffie. MR. GRIFFIE: If the Ma:3ter please, in thi:3 case the parties :3tipulate and agree to resolve all claims made in this case a:3 follows: 1. All personal property in each parties' posses:3ion will remain their sole property and possession from this time forward. Thi:3 is to include not only ~ousehold furnishing:3, appliances and the like, but al:3o intangible personal property such as bank accounts or other investment accounts and all motor vehicles. In the event it is determined that either party needs to sign any documents to waive, relinquish, or transfer any interest in any such personal property, the party who must sign will do so within 15 days of being requested to do so. 2. Plaintiff's retirement benefits through her employment with Pfaltzgraff, which is a 401(k) account, is and shall remain her sole property. Defendant waives any claim to any interest whatsoever in the Pfaltzgraff retirement benefit. 3. The parties acknowledge that there is a judgment recorded against them by Chrysler First Consumer Discount Company, which judgment was entered in 1992. In addition, it is understood that there is a deficiency due and owing for the return of a 1994 Toyota 4x4 which the parties purchased prior to their separation. With respect to any deficiency or deficiency judgment, or the deficiency to Chrysler, the parties agree that they will simply allow those debts to remain as is; meaning that neither of them are obligated to make any specific payment on those debts and neither of them are responsible in any specific proportions to repay those debts should claims be made by either of those creditors in the future, but rather, the parties will simply allow those creditors to attempt to collect as they desire in the future. 4. Through husband's employment at Syntec with Carlisle Companies, he is a participant in a 401,:k) plan. The parties are in the process of securing a statement reflecting the balance in that plan as of the date of separation. Based upon information received, it is anticipated that this will be an extremely small plan and, therefore, if the balance in that account as of the date of separation is less than $500.00, wife will make no claim whatsoever against that plan and will receive no benefit from husband or from that plan. In the event the 401 (k) has a value in excess of $500.00, husband will compensate wife 1/2 of that date of separation value within thirty (30) days of recei~t of the statements. 5. In addition, husband is involved in a defined benefit retirement plan through his retirement with Syntec. The parties are in the process of securing a statement from Syntec reflecting the marital portion of that retirement benefit. Counsel for Plaintiff shall prepare a Qualified Domestic Relation Order providing for wife to receive 50% of the marital portion of Defendant's Syntec retirement plan. Both parties will sign that document so it can be submitted to the Court and filed with Syntec in a prompt and reasonable fashion. 6. The parties are the joint owners of a mobile home located at 46 Ballpark Drive, Gardners, Cumberland County, Pennsylvania. The mobile home at present is held in joint names. The parties, through Defendant's counsel, will secure a payment history on the mortgage or loan on that property which is presently due and owing to Green Point Credit. The parties will then determine the date of separation balance on that debt. In the event the date of separation balance exceeds $15,000.00, wife shall receive no benefit or contribution of any nature relative to her interest in the mobile home. Under those circumstances, husband shall refinance the loan on the mobile home and at which time wife shall execute the title conveying all of her right, title, and interest to the mobile home to husband. In addition, at that time, wife will make no claim whatsoever relative to any financial contribution. In the event that the mobile home loan payoff at the date of separation is less than $15,000.00, husband shall compensate wife 50% of the equity using the value of $15,000.00 as the value of the mobile home and the balance of the debt due at the date of separation as the figures to determine equity. The payment of 1/2 of the equity from husband to wife shall be made within sixty (60) days of receipt of the loan payoff information. In addition, husband she,ll refinance the balance of the loan on the mobile home, at which time of refinancing, wife will execute a title conveying all of her right, title, and interest to the mobile home to husband. 7. In consideration of the distribution of personal property agreed to herein, the alimony pendente lite order presently pending against the Defendant through the Cumberland County Domestic Relations Office shall remain in effect until January 1, 2001. This alimony pendente lite shall convert to an alimony order at the time of entry of the parties' decree in divorce. This alimony order shall be nonmodifiable to end at the death of either party or at the set termination date of January 1, 2001. However, this alimony payment shall not cease if wife cohabits or remarries. It is understood that the alimony pendente lite order, which presently stands at $65.00 per week shall remain at that same sum once the alimony pendente lite is converted to an alimony order. 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. GRIFFIE: Mrs. Bupp, were you present as I dictated the agreement that was reached between you and Mr. Bupp? MRS. BUPP: Yes. MR. GRIFFIE: And did you hear and understand all of the terms of the agreement? MRS. BUPP: Yes. MR. GRIFFIE: Is it your desire to have that agreement entered as your agreement finalizing all aspects and claims of your divorce? MRS. BUPP: Yes. MR. GRIFFIE: You understand that once we walk out of here, that agreement is biDding although we will come back and sign a formal document? MRS. BUPP: Yes. MR. SCHWARTZ: Mr. Bupp, you've been present here as we have outlined our agreement with regard to the equitable distribution of marital property and alimony issues? MR. BUPP: Yes. MR. SCHWARTZ: fu'"ld did y::m hear and understand the agreement that attorney Griffie placed upon the record? MR. BUPP: Yes. MR. SCHWARTZ: Are you i::l agreement with the terms of that agreement? MR. BUPP: Yes. MR. SCHWARTZ: Do you understand that that agreement will finally put to rest all issues regarding equitable distribution and alimony payments between you and your wife? MR. BUPP: Yes. MR. SCHWARTZ: And it is your desire to have that agreement of record and made permanent? MR. BUPP: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: (,/ L;< oj .&_ "----: ;</~,,"~ /r. /~'~ 7'r::.::.:~~--(,/ > )/C--/"" ~',"~// Penn~e L. Bupp </0'/ < 1.111;2../0 { ! } / Griffie [hi""" Mar D. Schwartz Attorney for Defendant / ~' // ) ! ' -'";.cr'( Bruce _"^'-. <1 /'-/z~c I I 1,;;7 /7./ '7" ./-:) -:(;:2-. .7 . ,. .., :~.S - Bupp /uy v SYNERGETIC COMMUNICATION, INC. 306 N. SPOKANE ST. SUITE H POST FALLS ID 83854 800-565-4617 FAX 208-457-8228 PENNIE L BUPP 21 APPALACHIAN TRAIL RD GARDNERS, PA 17324 FINAL NOTICE 10-11-04 A claim in the amount of 516283.21 owed to GREENPOINT CREDIT CORP has been placed with our office for IMMEDIATE COLLECTION. We have already tried on several occasions in the past to resolve this debt. However, we have not, as of yet, been able to resolve this matter. Unless we hear from you, or receive the full payment from you IMMEDIATEI,y , additional actions will be taken to resolve this situation. Please call us toll free at (800) 565-4617 to resolve this Matter. This is an attempt to collect a debt by a debt collector. Any information obtained will be used for that purpose. Sincerely, SYNERGETIC COMMUNICATION, INC. OFFICE CONi~C1N~U~OSSla\.'C. RSG~\R~M'C.Ni OFFE.R SE.iT\. 00) 565-4617 iOll Ii=REE (8 Amount of debt: 16283.21 Your account number is: 127926 Client account: 00075001573 j() ) () :2 7) /0 Information reqardinq debt , 1~(21(2004 12:35 2084578228 5CI PAGE 02 'I \< . SYNERGETIC COMMUNICATION. INC. 306 N. SPOKANE ST. SUITE H POST FALLS ID 83854 800-565-4617 FAX 208-457-8228 127926 PENNIE L BUFF 21 APPALACHIAN TRAIL RD GARDNERS, FA 17324 Re: GREENPOINT Client account our account #: CREDIT CORP #: 00075001573 127926 10-21-04 Know all men by these presents that the undersigned has hereby agreed to offer you the following settlement on behalf of the above referenced client. Current balance: Settlement offer: Terms: $13383,21 $2,900.00 upon receipt of funds Greenpoint Credit will cease all actions against party and no Judgement will be rendered. Greenpoint Credit will also update Credit Bureaus to reflect a 0 balance. .+ This is a final offer ++ Offer valid until: 10/22/04 Upon receipt of this settlement, our client l~i11 inform the credit reporting agencies that the account has been settled in full. Should you have any quest.ions regarding this, please call us at (800) 565-4617. Please make check, cashiers check or money order payable to Synerget.ic Communication, Inc. This is an attempt to collect a :rrl)J~~lmation obtained will be JiKrt General Manager Synergetic Communication. Inc. debt by a debt collector. used for that purpose. Note: The above settlement releases the above mentioned party or parties only. GI ,....,PoInt ~) C'NcIit liDO Circle 75 Parkway suite 1100 Atlanta, GA 30339 Tel. (888) 455-1322 Fax.(nO) 612-8142 November 30, 2004 Pamerla Bupp 21 Appalachian Trail Rd Gardners, PA 17324 RE: Accounl Number: 000-75001573 SETTLEMENT IN FULL Dear Customer: I '"' This lelter serves to confirm receipt of $ 2,900.0Q')as a final seltlement on your deficiency balance for the above referenced account. Y ou ~e hereby released of any further liability in regards to this account. Updates have been sent to the appropriate credit repOlting agencies requesting this account show "settled/closed and $0.00 balance". Please be advise that the process of updating your credit report can take up to 120 days.You may rely upon this lelter as confirmation to your account status. If you have any questions regarding this matter, please contact me at (888) 455-1322, extension 4390, J ;? 0/sr3 of- Qe R.fL.- ),~-e-( J/ qw - ~-:< ~ l.) )lJ 13)1 l ~f - c;~5~~ INT00094 10/03 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA PENNIE 1. NEAL Plaintiff vs, BRUCE A BUPP, JR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-541 : CIVIL TERM CERTIFICATE OF SERVICE On this I g.tfl day of February, 2005, r. Adele H. Group, hereby certify that I served a true and correct copy of the foregoing Complaint, upon all parties of record via certified mail, return receipt requested, restricted delivery, addressed as follows: Bruce A Bupp,]lr. 1199 Green Spring Road Newville, PA 17241 SAIDIS, SHUFF, FLOWER & LINDSAY By: /1.Ji 4:1 fA ~:u "l/ItlUjJ Adele H. Group , < - SAlOIS SHUFF, FLOWER & LINDSAY AtTORNEYS-AT-LAW 26 W. High Street Carlisle, P A I PENNIE 1. NEAL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plain tiff vs, : No, 05-541 BRUCE A BUPP, JR. Defendant : CIVIL TERM AFFIDAVIT OF SERVICE JacIyn M. Smith, Esquire, being duly sworn according to law, hereby deposes and says that on February 18, 2005 she served the true copies of the Complaint in the instant action upon the Defendant, Bruce A Bupp, Jr" by mailing those documents to the defendant to his address at 1199 Green Spring Road, Newville, PA 17241 by Certified Us. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached us. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the Defendant, Bruce A Bupp. Saidis, Shuff, Flower & Lindsay --. , Date: 7)-11 ~ut) ~'1CLL{v {,Gc))htlL Jaclyr(]'v . Smit~, Esquire Attorn y ID #90166 26 West High Street Carlisle, PA 17013 Phone: 717.243.6222 Fax: 717,243.6486 Attorney for Plaintiff By: . . SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 W. High Street Carlisle, PA PENNIE 1. NEAL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : No, 05-541 BRUCE A BUPP, JR. Defendant : CIVIL TERM AFFIDAVIT OF SERVICE . Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. · PrInt your name and address on the reverse. eo that we-can return the card to you. ,J . Attach this card to the back of the mallpJ8ce or on the frOnt if space pennils. ' 1. AtdcIe Addressed to: 13r Ul.l- A 15Ltf PI J r JI q q GrWl SprJiIj lM it A),wV/I/e, M I={-/J,+I 2. Allele Number ~--... PS Fonn 3811, FebnloIy 2004 7003 1010 0001 1201 5886 __ -.on FlooIIpt .11I1140 -, o (, .-:) (: '. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATeLAW 26 W. High Street Carlisle, PA I[ PENNIE L. NEAL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs, : No, 05-541 BRUCE A BUPP, JR Defendant : CIVIL TERM To: Bruce A. Bupp, Jr. Date of Notice: March 17, 2005 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: 3/ n lOt) SAIDI~! SHUFF, FLOWER & UNDSA Y " vc.-tL By: Ja Iyn M. Smith, Esquire Supreme Court ID # 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff . SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 W. High Street Carlisle, PA II PENNIE L NEAL Plaintiff vs, BRUCE A BUPP, JR. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : No. 05-541 : CIVIL TERM CERTIFICATE OF SERVICE On this 17th day of March, 2005, I, Adele H. Group, hereby certify that I served a true and correct copy of the foregoing 10-Day Notice, upon all parties of record via certified mail, return receipt requested, restricted delivery, addressed as follows: Bruce A Bupp, Jr. 1199 Green Spring Road Newville, PA 17241 SAID IS, SHUFF, FLOWER & UNDSA Y By: t~ eN. jdM-UjV Adele H. Group .-';;:, - , --~,--; -' (,\' - f SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-ATeLAW 26 W. High Street Carlisle, PA PENNIE 1. NEAL : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY VANIA Plaintiff vs. : No. 05-541 BRUCE A. BUPP, JR. Defendant : CIVIL TERM TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiff, Pennie . Neal, and against the Defendant, Bruce A. Bupp, Jr., for failure to plead to the Com laint in this action within the required time. The Complaint contains a Notice to Defe d within 20 days from the date of service thereof. Defendant was served with the C mplaint on February 22, 2005. Defendant's Answer was due to be filed by March 14,20 5. Attached hereto and marked as Exhibit U AU is a copy of Plaintiff' Important Notice of Intention to Enter Default Judgment, which I certify was mailed by certified mail, return receipt requested, restricted delivery, to the Defendant at: 1199 reen Spring Road, Newville, PA 17241 on March 17,2005, which is at least ten (10) day prior to the filing of this Praecipe. Please assess damages in the amount of $3,034.50 plus interest and co ts, being the amount demanded in the Complaint. Date: April n, 2005 Respectfully submitted, SAID IS, SHUFF, FLOWER UNDSA Y ~ " By: , 't r 'C.. vU. f ,It.1.. -Ja#y!n M. mith, Es ire Su'preme Ct. LD. # 9 166 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plainti SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A II ;1 I PENNIE L. NEAL Plaintiff vs. BRUCE A BUPP, JR Defendant : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY VANIA : No. 05-541 : CIVIL TERM CERTIFICATE OF SERVICE On this 12Jh day of April, 2005, I, TacIyn M. Smith hereby certify tha I served a true and correct copy of the foregoing Praecipe to Enter Default Judgme ,upon all parties of record via certified mail, return receipt requested, restricte delivery, addressed as follows: Bruce A Bupp, Jr, 1199 Green Spring Road Newville, PA 17241 SAIDIS, SHUFF, FLOWER & LIND Y By: SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-UW 26 w. High Street Carlisle, PA PENNIE L NEAL : IN THE COURT OF COMMON PLE OF : CUMBERLAND COUNTY, PENNSYL ANIA 8 ~ Q. ~.;... - ~ ~.'. '.'.[ I ...- ~_-n , :PO rnr,' C.)"'. ;:;0 :Be -:(, .-oJ C) (\.) '.:z.._ -----l;;:'j r::;.. ;.......: :1:...i'\ " ;2 ~-fJcj l~; t:?~r :".'::t C) ~~ "'"'- Q. Plaintiff vs. : No, 05-541 BRUCE A. BUPP, JR Defendant : CIVIL TERM To: Bruce A. Bupp, Jr. Date of Notice: March 17, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO NTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CL MS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS F OM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAI ST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY 0 OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 Date 3/11/05' SAID IS, SHUFF, FLOWER TUNDSA Y /-\ BY;/ 0 ( rv/J:1 "fa 11n M. Smith, Esquire Supreme Court ID # 26 West High Street Carlisle, P A 17013 (717) 243-6222 Counsel for Plai.ntiff EJCfft8j 'L SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA PENNIE L. NEAL : IN THE COURT OF COMMON PLEA OF : CUMBERLAND COUNTY, PENNSYL ANIA Plaintiff vs. : No, 05-541 BRUCE A. BUPP, JR. Defendant : CIVIL TERM CERTIFICATE OF SERVICE On this 17th day of March, 2005, I, Adele H. Group, hereby certify that served a true and correct copy of the foregoing 10-Day Notice, upon all parties of cord via certified mail, return receipt requested, restricted delivery, addressed as follow: Bruce A. Bupp, Jr. 1199 Green Spring Road Newville, PA 17241 SAIDIS, SHUFF, FLOWER & LINDS Y By: Cudu q), /ri/U-up/ Adele H. Group SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT.LAW 26 W. High Street Carlisle, PA . Camplete 118ma,1, 2.1lI1d 3. Also complete. 110m 4 n ~ DeIlYery Is deslred. . PIInl your name IlI1d address on the reverse ..that we can retum the cerd to you. , . HeBch this cerd to the back of the mellplece. or on the frOnt n spece permits. 1. _Add_to: NW~I.tu- A~pp,S(. II qq GVWl S~r~ Pl. NtW villt] Pi\- nitfl c.. C ,,0 C..l/8teol fU u r ~-~/~~ D. IodellYery __ 110m Item 11 C v. n YES, enter deIIYery __ below: C No a.~~ Q.ElqxooaMil1l g;;;;.:.4 JI,- Rlcllptfor c___ CC.O.D. 4. Ro4tI"''Jl,d DIIlvory'/ jedra Fee) 'No 2. ::-.J':'.......... 7001 2510 000'1 1017 8817 PS Fonn 3811. r""'i IlOO4 __1loooIpt o ~~ ~ a 0\ ~ -.s:> z: ~ -::) F-' ~. B ,...-- ~ l;;"" ~ <>Q ""-' V\, ~ c - -:..... "'Jre. -tJ cu r~ ~ ~~?7:;; ~ ..- \- ... c-::: ~ ~8 ~.'P~ --- ::s-- r-' S:", :C:,:1. ,.-} ';:.h .--\ -c r C~ ~. t'- r' . f" SAIDIS, FLOWER & LINDSAY ATfOMIYS.Af.IAW Hi \'{rcSt High Strec[ Clrlisle, PA II \ PENNIE L. NEAL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. BRUCE A. BUPP, JR., Defendant NO. 05-541 AFFIDAVIT I, Robert W. Lindsay, Constable, an adult individual not a party to the above-referenced action, being duly sworn according to law, hereby deposes and says that on January 24, 2006 at 8:45 AM, I served a true and correct copy of the Rule To Show Cause upon Defendant Bruce A. Bupp, Jr., by hand delivering the document to him at Carlisle Syntec, 1285 Ritner Highway, Carlisle, Pennsylvania. I understand that false statements herein are made subject to the penalties of 18 Pa, C.SA Section 4904 relating to unsworn falsification , , Constable Dated: January 24, 2006 1 NOTARIAL SEAL MERLENEJMARHEVKA,NOTARYPUBUC CARLISLE. CUMBERLAND COUNTY, PA MY COMMISSION EXPIRES JUNE 8. 2008 , ;',) '-,} ) {) ~/-----