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HomeMy WebLinkAbout94-02956 J ; .'.J . . , , ,~ 0- ira I .-::r CT' \ ". ',~ ';.l ~ '. ~ 0-.. ry , ~ C)" /' 8 ;i! '.' *.,~~**~****~***~~*~**)~:'~;~--'~-~~.'~~ . ---~----~..~...............------.-.--_.---- ~.- ----- . ~. ~ ~ ~ IN THE COURT OF COMMON PLEAS . , ~) "'1 ~i S OF CUMBERLAND COUNTY ~l1r , .' ""-' ~ ,. , ""\""l''!lI-,'r PENNA, ~ STATE OF :\' .. ~ '.' ~ RUSSELL C~ KULP, SR., Plaintiff ..................."... ..........,...... 94-2956 1995 l\i (). * ,', ~\ vP,....:;Il:-; ~ '.. TRACY M. KULP, * Defendant * . I ~) ',' DECREE IN DIVORCEt t(~37#'\ AND NOW, ... . . , ,;JP.I1l?.. .. .Iq.. . .. " 19. !l~, ", it is ordered and decreed that. . . , . ~~~~~,l.~, C;... ,~';l~P!. ,~~..!, " , . ..,. ., .. ., ., ", plaintiff, ond ,.., r~.a,,!y.1'I,.. .1.<!l.l.p.r......",......,....,...,....,......., defendant, ore divorced from the bonds of matrimony. ~ ~ ',' ~\ .., , , ~ ,', w '.. ~ ~.. ~ '.. ~ ... ~ '.. The court retoins iurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~ * ~ ~ none ............................................................. .,. ...... ..... ~ ... ..................... ......... ....... .............,.," ~ I: ~ " :i: !="' Al : , I /I .L1 -L/ J : ~ ~ . m.~/u..? t~ r~~ Ii.: ;(;Jv . ~rH?1... R ~k: fkZ ';' 7 "/~thonoli\ry I' I.', ,:;!- ~ ~ '.. ,~ ~\ :>' ~ :>' --' . )..-:- .:.~. -:.:. ~ ~.~~*********~.*~.*~.~.*** i ',' i '.' ,', ~ ~ '.' w '.' ,'~ ~ ,', ~ i '.' ~ '.. ,', ~ ~ ',' ,', ~ ~ ,~ ,', ~ 8 w '.' ~ .-.:' .:.. ~ ~ ~.. ~ '.' ,', ~ i ~,' .'. ~ .'. ~ ~ ',' .', ~ I: }~ L:, i~ ~ ~ .', ~~ . (.;)/15' Q,j. tbf't. ",,;..1/-6 4 ~ t?o4'- 9.5 :4~ ..-pI~ '~J6I~ ~. c@ f RUSSELL C. KULP, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. KULP, Defendant PRAECIPE To the prothonotary: : NO. 94-2956 CIVIL 1995 : TRACY M. . . TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under section 3301(C) ~ltIU;:t~XJ(llx of the Divorce Code. inapplicable section.) (strike out 2. Date and manner of service of the complaint: Bv ~p:rtifi~n mr:flil on .111np 4 1qq4 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by Section 3301(C) of the Divorce Code: by the Plaintiff: 5/11 /95 ; by Defendant 5/8/95 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the Plaintiff's affidavit upon the Defendant: N/A 4. Related claims pending: none 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d) (1) () of the Divorce Code. N/A ~'/~4 ~~0 A torney/f r 4P!.~"~ (Defendant) Barbara J. Yunis, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 ~ ... ~ ~ 0') "- ... ..,.. ~~ ~I.<";:;i., "oot:'_,' '. .'.. <) r..i <Ot' ~~~C;).":f '. ',' :;;.. ".~ . j -~')o". ':~'/f '-~j:" ....::. c ~~ ~ ~ ( IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF CIVIL ACTION - LAW v. NO. 94- allS(,. CIVIL TERM TRACY M. KULP, DEFENDANT : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN AT ONCE. IF YOU OR TELEPHONE THE GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone (717) 240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF CIVIL ACTION - LAW v. NO. 94- J.q:; (p CIVIL TERM TRACY M. KULP, DEFENDANT IN DIVORCE COMPLAINT IN DIVORCE COUNT I Request for a No-Fault Divorce Under Section 3301(c) or 3301(d) of Divorce Code L at 245 1994. Plaintiff is Russell C. Kulp, Sr., who currently resides Springview Road, Carlisle, Pennsylvania, since May 22, 2. Defendant is Tracy M. Kulp, who currently resides at R.D. #2, Box 100-53, Newville, Pennsylvania, since June 1993. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 23, 1986 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Neither Plaintiff nor Defendant is in the naval service of the United States or its allies provisions of the Soldiers' & Sailors' Civil Relief Congress of 1940 and its amendments. mil i tary or within the Act of the H. Plaintiff requests the court to enter a decree of divorce. COUNT II Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 12. This action is not collusive, as defined by 303 of the Divorce Code. COUNT III Request for a Fault Divorce Under 3301(a)(2) of the Divorce Code 13. Paragraphs 1 through 12 are incorporated by reference herein as though set forth in full. 14. Defendant has committed adultery while married to Plaintiff. WHEREFORE, Plaintiff respectfully requests the Court to grant to him a divorce decree. I verify that the statements made in this Complaint and correct. I understand that false statements herein subject to the penalties of 18 Pa.C.S.A. Section 4904, to unsworn falsification to authorities. are true are made relating Date: r!)r.-.4 I, /Clf{ r Rtf!::1! KS;::t ,~ Plaintiff Richard L. Webber, Jr. Attorney for Plaintiff 11 West Big Spring Avenue P.O. Box 40 Newville, PA 17241 ( 717) 776-6566 ~ \' a-... ~ r-- -- f. ~ '::r- "- ~ i =il ~~ \ ~ .... -,.... ~ ~ ,. \,.,; - CJ fE .- >- - . ~ ." .- . t,': . " ,.., .' Cl '" 1:- , , <:I 0 0 "" ""' I:l 0 1,,)' V:l Cl II) - i'1rI <<::l \t) .!..-,' -;-- ~ \n ""' >. 't -- "- 0-- ~ '. ..1 - _-:,.,L.' \'\ @ "" , IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF CIVIL ACTION - LAW V. NO. 94-2956 TRACY M. KULP, DEFENDANT IN DIVORCE ~ :;;~~.,~'~':^~' i.CaoIjIIoloi-l_iforoclcltlonll........... . ". ComIlIolO _:I. ond 40 . b; . . . I.. . PrInt your nImI Indldchu on tho - of thII ,oim IOthIt WI ... . f'ItUm tNt card to you. ._ - _,' - " . . AUICh tNI form to tM front of the meIpIKe, or on the bide tf IpKe _not...,nlt. . . Wrlto ''Rotvm RecoIpt "-'"d" on lho moIpIoco _lho __......... 1:1 . The Return RICIIpt wIIlhow to wrhom thllItkIt WII dtIveNd Ind the date 1-. 13'{;CI' Add....ed t.: M s, Tracy M. Kulp .D. #2, Box 100-53 Newville, PA 17241 I .Iaci wloh t. recelvt the . following Hrvlctt Ifor....M .1' . fMl: " 1. DAdd'....... Add,... '.' . 2. ~ R.llIlcted D.llvery . .1. Conault .un.ller fot f.., .' 40. Artlcl. Number P as,;} ~)s ~') I I 4b. S.rvice Typ. . o Real.t.red 0 In.u,tcl ' . IXI C.rtlfled 0 COO f. o Exp'.I' M.II 0 R.tum Recelpt fOf 7. Dat..f Dellv.ry J! -'(-1Y . I 8. Adel'....... Add.... IOnly "'equuted I end feel. p.ldl ~ 1t u.a.a.p.o.,,__ DOMESTIC RETURN RECEIPT ~'_ CIVIL TERM P 852 05 27:1. ~ ReceIpt for Certified Mall __ No Insurance Coverag. Provided lI:IIll'.r:.lll Do not use f., Internadonal Mall (See Revelll8) ~~rs. Tracy M. Kulp ........Ho. R.D. /12 Box P........._'lP~ NeWVlll e, PA - 100-53 17241 $ ..lc) .....,.. /.00 ..........., Foe _....., Foe ",,".50 - .......-- 8l 10 wtan I 0... DeIwered - ....... - "'" $ 4,/<} rn .. .... ) ) ~ t , : -::r en ~~. >. = c_ -.., "J '..) '''I " -., :-. _. ') " RUSSELL C. KULP, . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2956 - CIVIL - 1994 . . TRACY M. KULP, . IN DIVORCE .. . Defendant . . c:" APPIDAVIT OP CONSBNT 1. A Complaint in Divorce under section 3301(c) Of~3301(d) 'LJ-l of the Divorce Code was WdS fi1eu on JUlie 1, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 1J111-f4(r7~/ ~~J:/~~_ vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 IN DIVORCE RUSSELL C. l(tJLP, Plaintiff TRACY K. l(tJLP , Defendant Ar~IDAVIT O~ CONSBHT 1. A complaint in Divorce under section 3301(c) or 3301(d) of the Divorce Code was was filed on June 1, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the Prothonotary's Office, which 11.t i. available to me upon requ..t. Being .0 advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS HADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE HADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: '/) kLl! (" / (Ir)) ;1 RUSSELL C. KULP, SR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . vs. CIVIL ACTION - LAW . 94-2956 CIVIL TERM . TRACY M. KULP, . . Defendant . IN CUSTODY . ENTRY OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, Tracy M. Rulp, in the above-captioned action. Date: Please enter my appearance on behalf of the Defendant, Tracy M. Rulp, in the above-captioned matter. Date: &/23/1'-/ .... .-?k"l.-~ I... (..L Barbara J. Y , Esquire Griffie & Associates 200 North Hanover Street carlisle, PA 17013 (717) 243-5551 RUSSELL C. KULP, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY M. BARRICK, DEFENDANT 94-2956 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of August, 1998, this matter having been scheduled for a hearing this date, and the attorney for the moving party, Tracy M, Barrick, having indicated that the parties agreed to a continuance, but the non-moving party, Russell C. Kulp, Sr., having appeared this date with the children and Indicating there was no such agreement, IT IS ORDERED: (1) The hearing is continued to the call of either party, (2) The temporary order of March 19, 1998, shall remain In full force and effect except that the father shall not be responsible for any transportation for the mother's periods of temporary physical custody unless he agrees, h C ,/ By t e~: ./ ; . '~.A Edgar B. Bayley, J. ( Russell C, Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 C~4.J .m~-L'tLJ s-/' / 'i fS ' ."S'f. Daniel W. DeArment, Esquire For Defendant :saa flLEQ-OfFlCE Or: .." ::P"l-\J~""\"^"v \. \.. ,,,. L ...,)\,-,.,\1 93~UG-5 M'\II:he CU";':" 1-: , ,,' ". ,:'. '\,1V rv.....\-.-. '... ....J..J.,J...l PcNNS1L\'i\~l't\ . \ @MAR 1 6 1998 i' RUSSELL C. KULP, SR . , Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V TRACY M. BARRICK (previously Kulp) Defendant :CIVIL ACTION - LAW . . 1994 :NO: 2956 CIVIL . . : IN CUSTODY COURT ORDER AND NOW, this 1'I.tL day of March, 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. } of the Cumberland G.ounty Courthouse on the .J~,,1 day of July, 1998, at Y: </"; r:< m. at which time testimony will be taken in the above case. At this hearing, the Mother, Tracy M. Barrick, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing Counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the hearing date. 2. Guidance Associates shall conduct a custody evaluation in this case as an independent evaluator. Both parties shall cooperate with the evaluation and shall ensure that the children are available for the evaluation. Guidance Associates may share the results of the evaluation with both parties. Cost of the evaluation shall be shared equally between the parties. Pending further Order of this Court, the prior Custody Orders entered in this case shall remain in effect, subject to the following modifications: I 1, 2. ... A. The Mother's period of temporary custody on Tuesday and Thursday evening shall commence when the children get home from school which is approximately 4:10 p.m. B. For purposes of exchange of custody, the Father's girlfriend and the Mother's boyfriend can provide transportation for the children on those exchanges without the requirement that the par ~ be present. J. cc: Rebecca R. Hughes, Esquire ~ James M. Bach, Esquire \ ~c.J~ ~,>/I9/qf. ...6. fl. Russell C. Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 ~ f,l ..... \;, !::'i., '().~'; C):-~'- -.:.-, 1--;;..5; . .. c;) -"\ ., .~ '7-\\\1 .~o- ...::'".. ~ "" U,\~ :r:. ~o ..... ~I-~: C1' t~ ~ ~- r-:-\V ~{;:. t; c-: ... .,:: ~ 6 RUSSELL C. KULP, SR . , Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . TRACY M. BARRICK (previously Kulp) Defendant :NO: 2956 1994 CIVIL . . :IN CUSTODY Prior Judge: George E. Hoffer CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987; and Tyler A. Kulp, born January 24, 1989. 2. A Conciliation Conference was held on March 5, 1998, with the following individuals in attendance: The Father, Russell C. Kulp, Sr., who appeared without counsel and the Mother, TracyM. Barrick, with her counsel, Rebecca R. Hughes, Esquire. 3. The existing Order provides for Father to have primary physical custody of the minor children with Mother enjoying liberal periods of temporary custody. Mother now seeks to have the existing Order modified and is requesting the Court to grant her primary physical custody. Mother feels it will be in the best interest of the minor children if she is the primary custodian. She asserts a variety of reasons for that position. Father is unwilling to change the existing custody arrangement and feels that he is providing a stable home environment for the children. 4. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached. 3/ 11 ff DJtTE lroy, Esquire cilia tor j i lU9? 1,..J RUSSELL C. KULP, SR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW IN CUSTODY . . TRACEY M. KULP, Defendant :NO: 2956 CIVIL TERM 1994 . . Prior Judge: GEORGE E. HOFFER Jt: COURT a AND NOW, this day of consideration of he attached Custo y ordered and directed as follows: , 1997, upon on Report, it is is dismissed by 1. The Mother's Petition for civil contempt agreement of the parties. 2. This Court's prior Order of August 4, 1995, is modified as follows: A. Transportation shall be handled with the non-custodial parent picking the child up at the other parent's home. When Mother is exercising her temporary custody, she shall go to the Father's home to pick the children up and the Father shall then pick the children up the Mother's home at the end of her custody time. B. Paragraph 5 of the prior Order regarding birthdays is clarified such that both children shall go with each parent on one child's birthday so that the children are together on each other birthdays. C. Mother shall ensure that she provides adequate sleeping arrangements for both children when the children are in her custody. D. Mother's periods of temporary custody shall be as set forth in this Order and Mother shall make no unannounced visits to the children's home. The parties may mutually agree to expand Mother's time to allow her additional periods of temporary custody, but Mother shall not have any additional periods of temporary custody unless specifically agreed by the Father. J. cc: Shannon S. Piergallini Dickinson School of Law Family Law Clinic C" ~u:..- ,,,,-,,-,L.l. ,.I./:lL/'i1 ~ _~ T' ~ Ln ?: ('\.. j:1 .. .~ - ~c ~ :";.) c.;~ ..- . , FE!".' ..'.. ... .~:; c.. l::~ ~r:; ... 0'\ .;~f~ r; jl'l.. .:t~% -'.. c::l 'flU [L'-'!. lU ..,!i~ ,... ...... ~. ::J li- t'- 0 en U " ." RUSSELL C. KULP, SR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW IN CUSTODY . . TRACEY M. KULP, Defendant :NO: 2956 CIVIL TERM 1994 . . prior Judge: GEORGE E. HOFFER CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr. born July 12, 1987 and Tyler A. Kulp born January 24, 1989. 2. A Conciliation Conference was held on January 31, 1997, with the following individuals in attendance: The Mother Tracey M. Kulp, with her counsel, Shannon S. Piergallini, of the Dickinson School of Law Family Law Clinic, and the Father, Russell C. Kulp, Sr., with his counsel, James M. Bach, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ah{<i.? DATE Hubert X. Gilroy, squ~re Custody Concili or , . COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the '-i.:.~i day of\...L ('V.... ' 1995, before me, the undersigned officer, personally appeared Tracy M. Kulp, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOlanal S':al . Tracy l. Crull. Notary Public Carlisle ~~o. CumberlAnd County My CommIssion EXlJuesMJy 1(\, 1U9R ,/I () (11 ':-0 (?) / I i ( . ) COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the, :r .~FJday of'_Jl, C l' ' 1995, before me, the undersigned officer, personally appeared Russell C. Kulp, Sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. / '7 1,- /I~ IJI> /, / I: Notarial Sanl Tracy l. Crull Notary Public Carlisle Ooro. Cumberland Coun My C()ll1rnls~ron Expires May 16. 1~98 . , , .'1 RUSSELL C. KULP, SR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 2956 - CIVIL - 1994 . . . TRACY M. KULP , . . Defendant CIVIL ACTION - CUSTODY ~ER OF AND NOW, this q "" day of attached stipulation and Agreement. is , 1995, the ~erebY made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, J. .... 'T"..JO ,.~ ~-, ., c::. L" r ~- ;:0:: <n CJ1 , . , v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2956 - CIVIL - 1994 RUSSELL C. KULP, SR., Plaintiff TRACY M. KULP, Defendant CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Tracy M. Kulp, (hereinafter referred to as "Mother") and Russell C. Kulp, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Russell C. Kulp, Jr., born July 12, 1987: and Tyler A. Kulp, born January 24, 1989, (hereinafter the "Children"): and WHEREAS, the parties are presently separated and living in separate residences: and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child: and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint or shared legal custody of the children. 2. Father will have primary physical custody. 3. Mother will have periods of temporary partial custody as follows: A. On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. B. On two evenings per week, being Tuesday and Thursday evening from 5:00 p.m. until 8:30 p.m.: C. On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day with the specific times to be agreed upon by the parties: D. For two weeks during the summer vacation months, with Mother providing Father with no less than thirty (30) days advance notice of her intention to exercise her two weeks of vacation: E. At other times as the parties may agree. 4. The parties shall alternate Christmas holiday by alternating the periods from Christmas eve at noon until Christmas day at noon and from Christmas day at noon until December 26th at noon, with Mother having the second period during Christmas 1995 and the first period during Christmas 1996. 5. The parties agree to alternate physical custody of the children on their birthdays. 6. The children shall always be with Father during Father's Day and shall always be with Mother during Mother's Day. This provision shall supersede all other provisions of this Agreement. 7. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well-being of the children is protected. 8. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 9. 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 as this stipulation and Agreement. 10. The parties desire that this stipulation and Agreement be made an Order of Court to the Court of Common Pleas of cumberland county, and further acknowledge that the Court of Common Pleas of Cumberland county does, in fact, have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 11. 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. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. . 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 mentioned. WITNESS: If / I . e--(t' . ~/ ./ .. -' ,I ,. .,.. . .".. . Date: -.:2j-y'1 I '(((("( /,1 :-"i mCY M. jLP / (~d0 II tJ2tdJ Date: 77Jl:J- J's ,;{J ~ ~,,;(~ ...e.. RUSSELL C. KU , SR. )~ ~t ~ -a '>.I S'" .'.~ ~ I.\,j Cl.:.~ I - r('\ I t"" '~ ,,-- ,~ (5):; .~ Iv,. ,~ "J- ~ 1 ~ f .c r.Ll ...:I E-t "" , Z r.Ll ~ I- Z :E .. 0 0 , '.... ./oJ r.Ll ~ .. ti :2>< ..... C r.Ll II N I- :sE-t 1>:..... III I>: U ~ III l'l .. !:: 0 II OZ C/I./oJ '0 ~ II I- < u:::> c c .c 0 ~ .. !:: ... III 0. 0 ,..... QJ III > < 0 z ,; 0 t...u "" III .... 0 .. Z 0. l'l ;( II 0 ...:I...... ,Q) Z < .. " o.i .. :I: " 0 :::>"" ""0 ><.c .. :r I- 10 .., Z -' 5 1: Ul .... Z .c :.: ...:I 0 II 1: Ul III l- II o:.cH :::> oz hi 0 II J II .. :::>...:1 Z . III :<: E-tO ~ II 0 10 Ol>:.c U > C/IH b: 0 6 z ~ Ur.Ll:> . :::>E-t I&. z :! " 1: [.cllll~ ...:I :E u.c 0: 8 u ...:I ...:I :I:B'C/1 r.Ll >< :::> (!) N ....,. .,~ C/I U "" C/I .c H "~z.~ {JJ :::> 0: E-t HO "" I>: E-t C/I ~. ,. '0. ' .._.."., _OUIl..'...."..... rlllt [lto"'..,I"..."....,.~I'lln"" '. . . . ",~ RUSSELL C. KULP, SR., PLAINTIFF/RESPONDENT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2956 CIVIL 1994 TRACY M. BARRICK, (previously Kulp) DEFENDANTIPETITIONER : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this aC4 day of \ W\'. 1:\1 ~ 19~ upon consideration of the attached petition, it is hereby directed that the parties and their resp tive counsel appear before ~ h>I- + )<. (:; \ \ I 'I . Esquire, the conciliator, at-\-'r\c L\ ,"" VI. (" Cf\ (,p ~ l\ \e. ~IT\. (\.rflloer\m0. C <) . ((~ .r-\\,\\ j".J:' . on the ~ day of HCI( \, , 1998, ar-:!J3Qf:... M, 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, By:-1~l\Q\e,;,-},Y ~)\.~.Oli~~,. Custody Coneiliator (\\"::>.) U- YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT A.'FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse I Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 infonnation 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 th.: seheduled conference or hearing. :-: ~ :- ~\ ,....::" ",-: : ., .J.. r ': ".' ',.-.," -. .", . ~,l ~~:J .,q ~'l~ ~';; ~~: ~~: (!....". I" _' .,1. ." \ IGO.9f &d. ~~~ 'rn~r4r 7f; _-# ~~ "'..,.,..~" ~ ~ """;; ;:>-"'" / '!() y;r- ~.PJlIJ1~t~ t2. !#' /....,0 .9[ & ~ /.L. . /' /tI // // ~:d ~ ~tcUt..4k- . ~l-'" ~ . RUSSELL C. KULP. SR.. : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 2956 CIVIL 1994 TRACY M. BARRICK, (previously Kulp) : CIVIL ACTION DEFENDANT/PETlTIONER : IN CUSTODY PETITION FOR MODI FICA TION OF CUSTODY AND NOW, comes the petitioner, Tracy M, Barrick (previously Tracy M. Kulp), by and through her attorneys, IRWIN, McKNIGHT & HUGHES, and files this Petition for Modification of Custody making the following statement: I. The petitioner is Tracy M, Barrick (previously Tracy M. Kulp), an adult individual residing at 203 Fairfield Street, p, 0, Box 152, Newville, Pennsylvania 17241, 2, The respondent is Russell C, Kulp, Sr" an adult individual residing at 367 McAlister Church Road, Carlisle, Pennsylvania 17013, 3, The parties are the natural parents of two (2) minor children, namely Russell C. Kulp, Jr., born 7/12187, and Tyler A. Kulp, born 1/24/89, 4. The parties separated on May 22, 1994, and were divorced on June 19, 1995, 5, Since June 1994, the minor children have resided primarily with the respondent, Russell C. Kulp, Sr, 6, The petitioner has had several concerns regarding the care of the minor children while they are in the physical custody of the respondent, including but not limited to the following: a, The minor children are often sent to school very dirty and wearing ripped clothing which is extremely dirty; b, The children have expressed a strong desire to live with their mother as opposed with their father and his girlfriend; c, The minor children are experiencing difficulties in their progress at school. 7. The petitioner believes and therefore avers that it is within the best interest of the minor children that she have primary physical custody of them, with periods of partial physical custody to the petitioner on alternating weekends, WHEREFORE, the petitioner, Tracy M, Barrick, respectfully requests that she be granted primary physical custody of the minor children, Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes. Esq 60 West Pomftet Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D, No: 67212 By: Attorney for the defendant/petitioner Tracy M, Barrick Dated: January 20, 1998 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and myself in the preparation of this document. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa,C.S.A, Section 4904, relating to unsworn falsification to authorities, cJ~ · IL . OJ... ~./L I T Y M. BARRICK Date: January....'o. 1998 . . "-i'~~. ~{t,::~~:-.'...~::, ":':.,. " ~ '. , ,,' ',' . -: ~~~_~;,/.:., 'i",'~f~''':'/:~~!'~~\J~;-'' ~ . tt;s.......J\ 01 ",' ","f '1 ~.., "J' , ....,\".~'.\, ~. n ~.'.,':;AJ;''''''/;' ~ .,~~. ;,' -; . ,'\ ' . ' . 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" ......, '-"v~- ~';, -.......~.'J..J....... n ,'_.~ " " I.';" ..',<'" ..;,>".......1 .... -..'. .Y'~O: ( ~ , ,. ','~ ltt,l.'4 ",,'.. ''''1\:: ..~..~~ ". '!,),.. . . <( ;',I...f ~~ .);' ..: ...~."..{..~}}.:~::(:~,_~_'~'.'~~.~..:r::,l>1;'; \.1 ~"': .~ +, ?-, ,~.' i" \4.~'" ...~,..\t/i-:;:t.~,... ,_''j<'" .) ,v",, .' .' )., , c" l,~ I .",:,~' _ ."",< ''', .' "-""-" ~ --:,\",.,.,,~.-: - . --:---. . J. JAN 2 1199?JJO .. Juum..~~ &7~ ",1 RUSSELL C. KULP, SR" PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACY M, BARRICK, DEFENDANT 94-2956 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of March, 1998, the hearing now scheduled for July 23, 1998, IS CANCELLED. The hearing Is rescheduled for Wednesday, August 5, 1998, at 8:45 a,m., in Courtroom Number 2. / Edgar B. Bayley, J./ I Russell C. Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 James M. Bach, Esquire Rebecca R. Hughes, Esquire For Defendant :saa .' (1~ L 3/ .:lslqs. ~r\.L'" rl>\.c...u < ..\.lY. '. '{J,~<t?-" ('\ \ \ ~..', '\1 (y.J'..' . .' . ~\~5::- '. ;:- ' 7' ~;:, " . <' ..' ......\ . ,. \ \ . ..I G: n~" ''',\\ \ .~ l..oJ _J ,\' ~X'o;" ... ,:.1' ~ ,. "I .- "..' \,.1; ... ".. \~I'-:':'';-:\", v,,)' ,l. .~., . I. ,\ ---- --- '~"". .,. .. - --- JAMES M. BACH Attorney At Law 352 S. Sporling Hill Rd., Mcch:1I1icsburg. PA 17055, Tel: (717) 737.2033 March 30, 1998 OFFICE OF THE PROTI IONOTAR Y CUMBERLAND COUNTY COURT HOUSE ONE COURT I-lOUSE SQUARE CARLISLE, PA 17013-3387 RE: Rltssell C. KIt/p, Sr. v. Tracy M. Barrick No. 94.2956 Civil To Whom It May Conccrn: Please placc this Icttcr in the file rcgarding my former client Russell C. Kulp, Sr. I understand that a hearing is going to bc held at some time in August of 1998. I do not rcprescnt Russcll C. Kulp, Sr. Formerly, I rcceivcd this case on his hchalf from Icgal services, engaged in extensive negotiations, and rcsolvcd the case at a custody conciliation followed by a court order in February of 1997. Subscqucnt thercto I returned the file to legal services of Carlisle and I have had no further dcalings with that particular case since that time. It is up to Mr. Kulp to sccurc an attorney of his choosing between now and the time of his hcaring set for August 5, 1998. Respcctfully, ]MB/lw cc: Russell C. Kulp, Sr. Irv.. ~ MES M. BACH t/omey.at.Law RUSSELL C. KULP, SR., PLAINTIFF : IN THE FCOURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 94-2956 CIVIL TERM IN CUSTODY TRACY M. BARRICK, DEFENDANT ORDER OF COURT AND NOW, this ~ day of August, upon ab'l'ecment of the partics, the hearing in the abovc- captioned case now scheduled for August 5, 1998 at 8:45 a.m., in Courtroom No.2 Cumberland County Courthouse, Carlisle, Pennsylvania, is hereby continued generally. By the Court, , , J. Russell C. Kulp, Sr. 367 McAlistcr Church Road Carlisle, PA 17013 C~.....,~~L 8/S/98' x...~ / Rebecca R. Hughes, Esquire For Defendant ,. FILED-Gf-"FICE 0;7 il:c: ;-.~ ',-ro,,''''''OTAOY , '.~..\ :'Vl 98~1Jr.-4 PH 3:!i7 CU:,L;;'lJ"':J CCUNjy PEN,\'S:'LW,V!A ~p J 1';::;16 '?, * : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA P-V.%('.l/ C. }::....IPPlaintiff V . . :CIVIL ACTION - LAW ~NO. '1 ~/ -J~5'\" CIVIL :CUSTODY/VISI-TATION 19 * 'T~,/ fl'l r....lp Defendant '. ORDER OF COURT AND NOW, this ~OJ(!a.fej~'i~ , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before U~j,r( f '/. ,G,lrlJ',/ p~,-, , the conci~ittor, at 4 \ h f I DiY C....,.,. (I...""" . on the JI' day of .Te.,......"., , 1997, at 0.'30 to'l M., for a prehearing 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 temporazy order. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatozy. Failure to appear at the conference 'may provide grounds for entry of a temp~razy or permanent order. FOR THE COURT: By: ~<" t. ~J?; Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWl"ER AT ONCE. IF YOU DO NOT HAVE A LAWl"ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 ? ......, r.~,"'.'.cf- ':'\.\1..\...,1--'.' _..".f \ ...... ,( " ',"\ ,.,r- '..';- . ~. , . \ : \ '3 ( , ,-r." I 1 .,..- :.'~) \ ." . -. \.", ,- .~., .' . l.... " ..~ .., ,(.. '\ \. ... r';'\ II' ~~,\ '-" '" ' ., //.~).9~ (U. t'typ.44I#~ 7%4 rdfll<~ /lc)/.~~ '/b& J/;J ;i ~ II-a) .~,f Co/:y ~ ~ iI. _@tft.y yIt . . " /. RUSSBLL C. KULP, SR., Plaintiff/Re.pondent v. ',')()6 ~ ; \.J I.. -!,..; III HZ COURT 01' COJIIIOII PLBU 01' CUHBBRLAIID COUNTY, PJDIIISYLVUIA , ' I I I I I I I CIVIL ACTIOII - LAW III CUSTODY TRACY II. KULP, Defendant/petitioner 110. 295' CIVIL 1994 IIOTICI MID ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for partial custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or Objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in court on , at .M., in Courtroom cumberland County Courthouse, Carlisle, Pennsylvania. , IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have willfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. 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. Court Administrator Fourth Floor, cumberland County Courthouse Carlisle, PA 17013 717-240-6200 BY THE COURT: J. v. I I I I I I I III '1'BB COUllT OJ' COMMOII lILBAS OJ' CUHBBRLAIID COUJITY, lIBNIISYLVUIA CIVIL ACTIOII - LAW III CUSTODY RUSSELL C. XULlI, SR., lIlaintiff/Re.pon4ent TRACY M. XULlI, Defen4ant/lIetitioner 110. 2951 CIVIL TBRIl 199. lIBTITION J'OR CIVIL CONTEMPT J'OR DISOBBDIBNCB OJ' lIARTIAL CUSTODY ORDza NOW COMES, the Petitioner, Tracy Kulp, by and through her attorneys, the Family Law Clinic, and respectfully represents the following in support of her petition: 1. Petitioner, hereinafter referred to as Mother, and Respondent, hereinafter referred to as Father, are the natural parents of Russell C. Ku1p, Jr. (d.o.b. 07/12/87) and Tyler A. Kulp (d.o.b. 01/24/89). 2. Mother and Father entered into an agreement concerning the custody of these children which was entered as an Order of Court on August 4, 1995, a copy of which is appended hereto as Petitioner's Exhibit A and incorporated herein by reference. 3. Pursuant to the custody Order, Father has primary physical custody and Mother has partial custody on alternating weekends and every Tuesday and Thursday evening. 4. Since the entry of the Custody Order, there has been an ongoing pattern of noncompliance with the Order by Father. 5. Father has repeatedly and randomly refused to produce the children available for Mother during her scheduled periods of partial custody. This has been especially prevalent on Mother's Tuesday and Thursday evening partial custody periods. The most recent of such events have been as follows. 6. On september 13, 1996, Mother went to Father's residence to pick up the children for her weekend of partial custody. Neither Father nor the children were at the residence, and as a result, Mother did not see the children that weekend. 7. On Tuesday, October 1, 1996, and Tuesday, October 8, 1996, Mother attempted to pick up the children for her period of partial custody; however, Father willfully refused to turn the children over to Mother. 8. On October 11, 1996, the Family Law clinic wrote to Father explaining that he needs to comply with the custody Order by turning the children over to Mother during her periods of partial custody as stated in the custody Order and that failure to do so may result in this Clinic filing a Contempt petition. A copy of this letter is appended hereto as petitioner's Exhibit Band incorporated herein by reference. 9. On Tuesday, November 12, 1996, Father again willfully refused to turn the children over to Mother for her period of partial custody stating that the children "didn't want to go" and that he was not "going to force them". '. WHEREFORE, Mother requests this Honorable Court to find Father in contempt of the existing custody Order. Mother further asks for relief against Father, Russell C. Kulp, Sr., in any of the following forms as prescribed by 23 Pa.C.S. 54346: (a) Imprisonment for a period not to exceed six months; (b) A fine not to exceed $500.00; (c) probation for a period not to exceed six months. Date: (Vo-v,-:J..1,19'IC ,..) \ I _ . ........ c-- " , \ \0..""...~.v ~ k\...L.-.(.~0L~.) SHANNON S. PIERGALnINI Certified Legal Intern ~,ff. ~ Robert E. Rains SUPERVISING ATTORNEY FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Tracy K. Kulp VBRIJ'ICATIOH I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. I : j 1 ~-'Aai<A 11(. dd- TRACY K KULP , -. .. c' c RUSSELL C. KULP, SR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 2956 - CIVIL - 1994 . . TRACY H. KULP, . . Defendant . CIVIL ACTION - CUSTODY . ~ER OF AND NOW, this 4 day of attached stipulation and Agreemen , 1995, the ereby made an Order of Court and all prior qrders on this matter are hereby vacated. BY THE COURT, EXHIBIT A J. . . f RUSSELL C. KULP, SR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 2956 - CIVIL - 1994 . . . TRACY M. KULP, . . Defendant . CIVIL ACTION - CUSTODY . CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and between Tracy M. Kulp, year hereinafter set forth, by and (hereinafter referred. to as "Mother") and Russell C. Kulp, . .' .' (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Russell C. Kulp, Jr., born July 12, 1987; and T~~er A. KUlp, born January II - 24, 1989, (hereinafter the "children"); and WHEREAS, the parties are presently separated and living in separate residences; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint or shared legal custody of the children. 2. Father will have primary physical custody. 3. Mother will have periods of temporary partial custody as follows: A. On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. . r . B. On two evenings per week, being Tuesday and Thursday evening from 5:00 p.m. until 8:30 p.m.: C. On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day with the specific times to be agreed upon by the parties: D. For two weeks during the summer vacation months, with Mother providing Father with no less than thirty (30) days advance notice of her intention to exercise her two weeks.~f vacation: E. At other times as the parties may agree. 4. The parties shall alternate Christmas holiday by alternating the periods from Christmas eve at noon until Christmas day at .' noon until day at noon and from Christmas December 26th at noon, with Mother having the second period during Christmas 1995 and the first period during Christmas 1996. ." 5. The parties agree to alternate physical custody of the children on their birthdays. 6. The children shall always be with Father during Father's Day and shall always be with Mother during Mother's Day. 'l'his provision shall supersede all other provisions of this Agreement. 7. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well-being of the children is protected. 8. Neither parent shall do anything which may estrange the .. " children from the other party, or injure the opinion of the ~ 0........ , ....... . ., children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 9. 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 as this stipulation and Agreement. 10. The parties desire that this stipulation and Agreement , be made an Order of Court to the Court of Common Pleas of cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have " jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 11. 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. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. " ~ .- COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the .y~j day of'_I-.:...',-,;.,. , 1995, before me, the undersigned officer, personally appeared Tracy M. Kulp, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .' Nota"at Seal Tracy L, Crull, Notary PUblic Carhsle Dora, Cumhe"MO C~unlV My Comm'ss'on Ex~"es May 10. 1~9A ." \},r:fi,/~^ fi,;,'! .j) , COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the, :t f" day of _ {, "'j---- , 1995, before me, the undersigned officer, personally appeared Russell C. Kulp, Sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. . 7 ~ ..., / . ." /.. . T No:.irInl Seal racy L. C,ull NOla P b' Carlisle Ooro, ClJmbarl~1i u he My CommissIon E'ulres Ma~ ~~~~~98 " FAMll..Y LAW CLINIC A llNiae to the community bV alUdanta Irom Tha Olcklnaon Sohool ollAlw Ollloa: 4& Nonh Pitt 51. C.rtlala, PA 17013.2943 (717) :l40-&:l04 17171 :l43.U8S F..: 17171 :l43.3e39 October 11, 1996 Russell C. Kulp, Sr. 4108 Enola Road Newville, PA 17241 .' .' Dear Mr. Kulp: This clinic represents Tracy Kulp, and we ~ contacting you directly because we understand that you are not represented by an attorney at this time. If you are represented by an attorney, please take this letter to your attorney and discuss it with him/her. It is my understanding that Tracy has been having some difficulty when attempting to pick up Tyler and Russell during her periods of custody. The Custody Order gives Tracy physical custody every other weekend in addition to every Tuesday and Thursday evening. This means that you are required to turn the children over to Tracy at these times. If you refuse to do so, you may be in contempt of Court. Please understand that if Tracy is a few minutes late, this does not give you the option of deciding not to turn the children over to her. You must be reasonable, and this includes allowing Tracy to be a few minutes late, especially in light of the fact that she does not have a phone number to reach you and therefore cannot contact you to inform you that she will be late. In addition, the Custody Order does not state that Tracy herself must pick up the children. As you are aware, there are times when Tracy is not able to pick the children up because of her work schedule. Tracy can designate a person to pick the children up in her place. In the past, she has attempted to send her best friend or her fiance, and you have not allowed the children to go with these individuals. I understand that you may not want to send your children off with just anyone, but you know both these individuals and you know that Tracy has a trusting relationship with them. Therefore, you need to turn the children over when one of these individuals comes to pick the children up. ,.. '.. Finally, the Custody Order does not require that Tracy provide all the transportation for the exercise of her custody periods. In a past Custody Order, it was required that the parties share the responsibility of transportation. We expect that you will continue to do this. It is only fair that you help in providing transportation by either picking up the children at the end of Tracy's custody period or dropping them off to Tracy at the beginning of her cuslody period. I Russell Kulp, Sr. Page 2 of2 October 11, 1996 '. . If you have any questions about the contents of this letter or the contents of the current Custody Order, we advise you to contact an attorney of your choice, as this office can give you no legal advice. If you continue in not complying with the Custody Order, we may have to take further legal action. Very truly yours, .' .' Shannon S. Piergallini Certified Legal Intern cc: Tracy Kulp .., " .. '. G%/ >- c> .~ S~ u: t,. , ~ u,. (,T: '., ._, ( ) ,. , ~.~ F- t;.. C)" I ~_:.J , ' r'J J> C.~: : -, lo.-. ' (.... ~:\ , \j '- .'- r lJ_ t~~' .i u (.;.. iJ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF CIVIL ACTION - LAW V. NO. 94-2956 CIVIL TERM TRACY M. KULP, DEFENDANT IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he mailed the Complaint in Custody in this matter by certified mail, return receipt requested, addressee only, to the Defendant, TRACY M. KULP, R.D. #2, Box 100-53, Newville, Pennsylvania 17241 on June 10, 1994. The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A". .M Richard L. Webber, for Plaintiff 11 W. Big Spring Avenue, P.O. Box 40 Newville, PA 17241 (717) 776-6566 Sworn to and subscribed me this /3 day of &j" /t,v-. , 1994. ,;' before r .Iil Not~se~ . ~ l. ShoiIry Nolaly Pubiic My W'v Bora. eu"mt'erlllod Coo CornnllS."-'1(1EXj\,mO,;t 19. 1~ I ... I ~~-"AI~Ief~ '" - RUSSELL C. KULP, SR., PLAINTIFF V. TRACY M. KULP, DEFENDANT P 1152 1f75 272 Receipt for Certified Mall No Insurance Coverage Provided Do not use for IntemeUonal Mail (See Reverse) ~ ~a\wa ""''' ~1r5. Trac M. Ku _""'No. fl. D. 112. Box P.o.. State Ind ZIP Code Newvi lIe, PA ....... 100-53 17241 $ 5 d- ~Foo I 00 Sptc:iII 0IlMty rM _DoMyFoo ;).~c -""""-- ~ 1l:l~&o.a.OeI\wtd - W Z ::J 1.00 $ S.Cd- , , ! , . IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2956 CIVIL TERM IN CUSTODY ''''' R' .. . Complete ham. 1 and/or 2 for IddhionII lIMen. 'I. C_1tInuI 3,ond4a6 b, I- Print your name and Iddrtu on the ,..,.,.. of thfI fonn 10 that ... eM fttum ,hit card 10 you. , . Anlch thlt fonn to thelront of tt. maUpilce. or on the bKk If 'PRe doea not permtt. I . Writ. "RItUm RtetIpt RIqUII1td"' on the rNlIIpIece bllow the IIUdI 'ti . TJw RltUm RKeipt will ahow to whom the IrUdt WI' dehertd Iftd dI1I S .HVIl'od. ! 3. Anl.le Addressed to: t Mrs. Tracy M. Kulp i R.D. #2, Box 100-53 Newville, PA 17241 RESTRICTED ELIVERY ,. , , I ,110' wish' to receive the following s8lVlCea (for IIl\ elCt1' feel: ddrn..... ,l1fIcted D,Uvery r or'". D Insur"" DeOD j cl! 1 .Oeoember 1881 tr U.&Q.P.O.:'__ DOMESnC RETURN RECEIPT )f;) )0 -::r en " ,~ ;0- = -1: ,"1 \.-" ~ ::l _.,~ - .#0 . IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR. PLAINTIFF CIVIL ACTION - LAW V. NO. 94- 1'1;& CIVIL TERM TRACY M. KULP, DEFENDANT CUSTODY ORDER OF COURT AND NOW, ~V\I\t S ' of the attached complaint, it is hereby direc and their respective counsel appear befo~~ , the conciliator, at L \ 0 on the ~ -" day of '" l'll' 1994, at 8' I ~ C> Il . m., t'or a PrelHearing Custod)' Conference. At such cont'erence, an et't'ort 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. Either party may bring the children who are the subjects ot' this custody action to the conference, but the attendance of the children is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY, ~d:dt!f~ 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. Office of the Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 Telephone (717) 240-6200 JUN 3 II 15 rll'9~ '; '-. , r ~',': . '., r . .~ - ... ". IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF CIVIL ACTION - LAW V. NO. 94- CIVIL TERM TRACY M. KULP, DEFENDANT CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is RUSSELL C. KULP, SR., residing at 245 Springview Road, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is TRACY M. KULP, residing at R.D. #2, Box 100- 53, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence ~ RUSSELL C. KULP, JR. 245 Springview Road Carlisle, PA 17013 6 years (DOB 7/12/87) TYLER A. KULP 245 Springview Road Carlisle, PA 17013 5 years (DOB 1/24/89) The children, Russell C. Kulp, Jr. and Tyler A. Kulp are presently in the custody of Russell C. Kulp, Sr. who resides at 245 Springview Road, Carlisle, Cumberland County, Pennsylvania. During the past five years the children have resided with the following persons and at the following addresses: Name List all Addresses Dates Russell C. Kulp, Sr. 245 Springview Road May 26, 1994 to Carlisle, PA 17013 present Russell C. Kulp, Sr. R.D. #2, Box 100-53 June 1, 1993 and Newville, PA 17241 to Tracy M. Kulp May 26, 1994 Russell C. Kulp, Sr. 65 Center Road 1989 to and Newville, PA 17241 June 1 , 1993 Tracy M. Kulp The mother of the children is TRACY M. KULP, currently residing at R.D. #2, Box 100-53, Newville, Pennsylvania. The father of the children is RUSSELL C. KULP, SR., currently residing at 245 Springview Road, Carlisle, Pennsylvania. 4. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: Name William McKeehan 5. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Amanda Marie Barrick daughter Amber Ann Barrick daughter 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 does not have information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff is not aware of a person not a party to the proceedings who has physical custody of the children and 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 request because: a. Plaintiff is better able to care for the physical and emotional needs of the children; b. Defendant's present home environment is unsuitable for the children; and c. Defendant is engaged in an extramarital relationship, to the detriment of the children. , 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, children to Defendant. Plaintiff requests the court to grant custody of the him, subject to reasonable partial custody rights for Richard L. Webber, Jr. Attorney for Plaintiff 11 West Big Spring Avenue P.O. Box 40 Newville, PA 17241-0040 (717) 776-6566 ,", JUL 011994 cbv ~ RUSSELL C, KULP, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TRACY M. KULP, Defendant NO, 94-2956 CIVIL TERM Custody AND NOW, this __~h___ QRD_EILOE.._~_ lJJn: da~' of 1994, in it is hereby consideration of the attached ordered as follows: I, Plaintiff, hereinafter referred to as the FATHER, will have physical custody of the children, RUSSELL C, KULP, JR. and TYLER A. KULP, as follows: (a) On Monday and Tuesday from 4:30 p.m. until 9:15 a.m. the followinM morning. (b) On Wednesday from ,,: 30 p.m. until Thursday at 9:15 a.m. (cIOn Thursday from 3:00 p.m. until Friday at !1:15 a.m. (d) On Friday from 3:00 p.m. until Sunday at 9: 15 II. m. 2. Defendant, hereinafter referred to liS the MOTHER, shall have ph~'sical cllstod~' of t.he chi ldren, according to the following schedule: (al On Tllesdl\~' frolll 9:15 a.lII. IInt.iL 4:3U p.m. (bl On ~ednesdllY and ThursdllY frolll 9:15 a.m. unt.il 4:30 1'.11I. (clan Friday from 9:15 a.m. until 3:00 p.m. ld) On Sunday at 9:15 a.m. until Monday at 4:30 p.m. 3. The parties will share physical custody of the children on the Fourth of July at times agreed upon by the parties. 4. FATHER shall deliver the children to MOTHER for her exercise of partial custody. MOTHER shall return the children to FATHER'S parent's house at the conclusion of her exercise of partial custody. MOTHER shall not have verbal contact with FATHER'S parents. 5. The MOTHER and FATHER, by mutual agreement, may vary from this schedule at any time. 6. Custody of the cllildren shall not take place in the presence of Scott Romberger or Deb Romberger. 7. Neither party shall use illegal drugs or be intoxicated immediately prior to or during their periods of custody with the children. Additionally, each party shall take steps to ensure that the children are not in the presence of other persons who arc using illegal drugs or are intoxicated. 8. MOTHER and FATHER will notify each other immediately of medical emergencies which arise while the children are in that parent's care. 9. 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. 10. This Order shalL remain in effect until further Order of Court. J. .. <"" ~ '1 t \.', ~ ,) 1 t ':. ,~, ,,'t . ~~ I \~'.t.l \0; \" . h~',i~~~"',:~\,\: ~ \\t~\.~.. ,1 '~\" \' RUSSELL C. KULP. SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. TRACY M. KULP, Defendant NO. 94- CIVIL TERM Custody CONSENT AGRE~MENT THIS AGREEMENT is entered on this 2~th day of June, 1994, by Plaintiff, RUSSELL C. KULP, SR., and Defendant, TRACY H. KULP. Plaintiff is represented by Richard L. Webber, Jr. Defendant is represented by Barbara J. Yunis, Esquire. Defendant and Plaintiff agree to the entry of the following Temporary Custody Order regarding their children, RUSSELL C. KULP, JR. and TYLER A. KULP. Plaintiff and Defendant will share custody of their minor children beginning July 1, 1994, until further Order of Court according to the following schedule. 1. Plaintiff, hereinafter referred to as the FATHER, will have physical custody of the children as follows: (a) On Honday and Tuesday from 4:30 p.m. until 9:15 a.m. the following morning. (bl On Wednesday from 4:30 p.m. until Thursday at 9:15 a.m. lc) On Thursday from 3:00 p.m. until Friday at 9:15 a.m. (dl On Frida)' from 3:00 p.m. unti 1 Sunda~' at 9:15 a.m. i-? ~. Defendant, hereinafter referred to liS the ~tOTIIERt will have physical custody of the children, according to the following schedule: (al On TuesdllY from 9:15 a.m. until ~:30 p.m. lbl On Wednesday and Thursday from 9:15 a.m. until 4 :30 p.m. lcl On Friday from 9:15 a.m. until 3:00 p.m. (d) On Sunday at 9:15 a.m. until Monday at 4:30 p.m. 3. The parties will share physical custody of the children on the Fourth of July at times agreed upon by the parties. ~. FATHER shall del iver the children to MOTIIER for her exercise of partial custody. MOTHER shall return the children to FATHER'S parent's house at the concLusion of her exercise of partial custody. MOTHER shall not have verbal contact with FATHER'S parents. 5. The MOTHER and FATHER, by mutual agreement, may vary from this schedule at any time. H. Custody of the children shall not take place in the presence of Scott Romberger or Deb Romberger. 7. Neither party shall use illegal drugs or be intoxicated immediately prior to or during their periods of custody with the children. Additionally, each party shall take steps to ensure that the children arc not In the presence of olher persons who arc using illegal drugs or arc inloxicnted. II. ~lllTllFH IInd FATIIEII ,,,II notjf~' (,lIch olh(,I' illlllledilltel~' of medical emergencies which arise while the children ore in that parent's care. 9. 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. WHEREFORE, the parties request that an Order of Court be entered to reflect the above terms. ~d!J' ('/J L Russell C. K~;;? Sr., Plaintiff ~t(jjb,j_r1i. _/ ,// Troc~~, De~ ~ /L/l,h ~~~1 . J. ~ arbara J. unlS Attorney for Defendant 220 N. Hanover Street Carlisle, PA 17013 (7171 243-5551 Richard L. Webber, Jr Attorney for Plaintift II W. Big Spring Avenue Newville, PA 17241-0040 ( 7171 776-6566 . . JUL 2 7 199~J~ " r RUSSELL C. KULP, SR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 2956 - CIVIL - 1994 . . TRACY M. KULP, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER '-11 (1'- ( ~ AND NOW, this [J.. day of . I...-u. , 1994, upon consideration of the attached Custody on 'liation Report, it is ordered and directed as follows: ,/ 1. A-#e~ring is scheduled in tf~. above case on the v~ay of fSf..'-h/J!V , 1994 at ;./l! in Courtroom No.3 of the Cumberland County Courthouse in Carlisle, Pennsylvania. At that time, the Father, Russell C. Kulp, Sr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for both parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody and also setting forth a list of witnesses that each party will call to testify at the Hearing along with a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of this Court, the Father, Russell C. Kulp, Sr., and the Mother, Tracy M. Kulp, shall enjoy shared legal and shared physical custody with the minor children as follows: A. The parties shall alternate physical custody on weekends starting from Friday at 5 P.M. until Monday morning at approximately 8 A.M. The Father shall have the children on the weekend of July 15 and it shall alternate with Mother starting on July 22 and alternating thereafter. B. During the week, Mother shall enjoy physical custody with the minor children from approximately 8 A.M. until the Father is off work during the day at which time the Father shall pick the children up and have custody of the children until the following morning when he shall deliver them to the Mother. C. For purposes of the Mother's vacation, the Mother shall have custody of the children from August 5 through August 12. Upon the Father giving the Mother notice that . " , he desires to exercise one full week of custody with the children for purposes of a vacation, Father shall be entitled to a similar timeframe, or shorter timeframe if he so desires, of exclusive custody with the minor children. 3. Exchange of custody shall be done with the Father delivering the children to the Mother when he has custody. The Mother shall deliver the children to the Father when she has custody. When Father gets off work, he shall alert Mother as to the time he is getting off work so that she can deliver the children to him. In the event Father gets off work early on a weekday, Mother shall maintain custody of the child at least through 4 P.M. 4. The parties may alternate this schedule as they may agree. Absent an agreement, the custody schedule outlined above shall remain in effect. 5. The Mother shall handle her time of physical custody with the children such that Mr. Scott Romberger is not the custodian of the children by himself or with anyone else except for the Mother. 6. Neither party shall use illegal drugs or be intoxicated immediately prior to or during the periods of custody with the children. Additionally, the children shall not be in the presence of other persons who are using illegal drugs or who are intoxicated. 7. The parties shall notify each other of medical emergencies which arise while the children are in the custody of that parent. cc: Richard L. Webber, Jr., Barbara Yunis, Esquire h: Esqui~eL'.~__ MilC-,el ...._~ '1j'J.1JI'i'l;.. ~T - V---- ...s".. ::\,\\~~\ .t'.':) .~ ~ \;.. .....:.,.~. "" If\ ..~ \.:.,.' ,..A J" \ :)v "') (".' ...' \\~,~\,),"".I\"~\ '\\~ ,...... ,"'\\' '.', "\~ ...~.. " ,(, .\. ): ~\" ~1 \\\~ '\1\ ~\\ ld ~'il, " er " . RUSSELL C. KULP, SR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 2956 - CIVIL - 1994 . . TRACY M. KULP, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE GEORGE E. HOFFER CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Ku1p, Jr., born July 12, 1987, and Tyler A. Ku1p, born January 24, 1989. 2. A Conciliation Conference was held on July 14, 1994 and the following individuals were in attendance: The Father, Russell C. Ku1p, Sr., with his counsel, Richard L. Webber, Jr., Esquire, and the Mother, Tracy M. Ku1p, with her counsel, Barbara J. Yunis, Esquire. 3. The parties currently have an Order which was entered by Stipulation and is dated July 5, 1994. That Order was entered under the factual scenario where Mother was working during the evenings as a waitress. Mother has since resigned that employment position and is seeking employment in more of a daytime working arrangement. 4. The parties have made various allegations concerning the other parent. Each parent desires to have primary physical custody. Father suggests that the Mother is using illegal drugs and that the Mother is living with her boyfriend who is involved with drugs. The Father also has concerns about the boyfriend's handling of the parties' children. The Mother suggests that the Father is much too physical in disciplining the children. Mother also suggests that the Father himself is involved in the use of illegal drugs and that the Father has recently threatened suicide. ? Jr~f~'f DATE CJ6 Hubert x. Gilroy, Esqu' e Custody Conciliator - 5. The Mother has two other children from a separate relationship. These children are ten years old. 6. The parties were able to reach an agreement with respect to a temporary Order pending a Hearing. However, the parties were not able to reach a permanent agreement on custody. A Hearing is necessary. A Hearing should take no more than one day. 7. The Conciliator recommends an Order in the form as attached. \ I I I vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 RUSSELL C. KULP, SR., Plaintiff TRACY H. KULP, Defendant CIVIL ACTION - CUSTODY ORDBR OP THE COURT AND NOW, this (Jh day of , 1994 upon consideration of the attached petition, it is hereby ordered that the hearing scheduled for October 21, 1994 at 9:00 a.m. will be continued. A hearing shall be rescheduled upon motion by either party. BY THE COURT, J. = M -< -., c.:> t.1l l.D ~ ::.c: <.Q ..c. I' , . b. It is not in the parties best interest to incur I; 1[, pi , I I i I Ii additional costs for the preparation of pretrial memorandums when it appears a custed agreement will be reached in the near future. 6. The respondent is in agreement with the continuance. WHEREFORE, the petitioner request that a hearing be rescheduled upon motion by either party. Respectfully Submitted, GRIFFIE & ASSOCIATES I : , ! i I i , , . . VBRIJ'ICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING MOTION ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: It) -5-9c/ / :ltU~;'f. # TRACY M. LP .~ ~. -, ~ - ... .... 1 :i ~ } ~~'~ ~. ~ ", oJ .., ~ r: 0.. .0: 0 H Z !Il .0: .0: ~ lI) '" ... .... .. .... ,.. .. 0 0. !Il !( .. .. Z II .. N .. Z Z '" U ~ III '" .. ~ 0 '" u ~ 0 II 4: :E 0. Z 0 -1 II ~ .. :E ..: .. " III a. lI) .. > 0 0 => ~ 4: Z .; U ,.. Z lI) ,;, 0 a. '" :; E-< H <( Z II > ~ w .. :E :> 0.. Z 0. E-< .. :r ~ lD 0 => .... z ~ z ~ :> r III III 0 => 0. 0 II r :; III .. II E-< U " .... u 0 .. II .. '" => .... ~ II II 0 lD => Cl . " '" iL 0 ~ z > 4: U 0 Z U 0 l&. z ! ~ U .0: 0.. 0 r .... .... :E a:: 0 u '" '" .... z C) N :I: '" '" Ul ,.. 0 E-< ell !Il > U H :E !Il .0: E-< Z => => '" 0 H U '" E-< :;: . . , '. l/~ T () .. . tjg!1 ~. '. RUSSELL C. KULP, l IN THE COURT OF COMMON PLEAS OF plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA ) vs. ) NO. 2956 - CIVIL - 1994 ) TRACY M. KULP, ) Defendant ) CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, F,\)(~.q 7 J 3 , 1995, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, at L-Hh -\ \D<oI( C",n b. (" (<-',.d~v" on the 7;11 day of flpr I I 1995 at <:t'3V/I.m., 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 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: .~L~gti ~ ~ ~i(xJtStI ~~~ con6~i~tor c?F.?P/ 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. Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 RUSSELL C. KULP, l IN THE COURT OF COMMON PLEAS OF Plaintiff l CUMBERLAND COUNTY, PENNSYLVANIA l vs. l NO. 2956 - CIVIL - 1994 l TRACY M. KULP, l Defendant l CIVIL ACTION - CUSTODY PETITION REOUESTING CONCILIATION 1. petitioner is the above-named Defendant, Tracy M. Kulp, who resides at 363 Burgners Road, Carlisle, Pennsylvania. Petitioner's mailing address is P.O. Box 152, Newville, pennsylvania. 2. Respondent is the ubove-named plaintiff, Russell C. Kulp, sr., who resides at 14 Country View Estates, Newville, Pennsylvania. 3. A Custody Conciliation was held on July 5, 1994, a copy of the conciliation Report and Order of Court is hereto attached and incorporated by reference as Exhibit "A". 4. At the time of the custody Conciliation a Temporary Order was entered and a hearing was scheduled for october 21, 1994. ,I ! 5. By Order of Court dated October 6, 1994, a copy of which is hereto attached and incorporated by reference as Exhibit "B", the hearing was continued generally on the fact the parties appeared to have reached un agreement. 6. Since the time of the custody conciliation, circumstances have changed whereby it is believed the parties' differences can be resolved with the efforts of the conciliator, Hubert X. Gilroy, Esquire. . . WHEREFORE, Petitioncr rcquests a custody conciliation be scheduled with Hubert X. Gilroy, Esquire to resolve the outstanding custody issues. Respectfully submitted, GRIFFIE & ASSOCIATES By: I 't4t( Barbara J Y nis, 200 Nort~ H nover Street Carlisle, PA 17 013 (717) 243-5551 Date: fe~ 1;05" VERIPICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: . ;- d -I.":f - '7~ \..:.)/w['~ '-(7/. dt- TRACY M. LP , ',' RUSSELL C. KULP, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA v . . :NO. 2956 - CIVIL - 1994 . . TRACY M. KULP, Defendant . . :CIVIL ACTION - CUSTODY COlmT ORDER AND NOW, this :l.',"1L day of Q,~ ' 1994, upon consideration of the attached Custody cd;d~iation Report, it is ordered and directed as follows: 1. A He~~~ is scheduled in th~ above case on the al~ay of ~ , 1994 at q.DO in Courtroom No.3 of the Cumberland County Courthouse in Carlisle, Pennsylvania. At that time, the Father, Russell C. Kulp, Sr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for both parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody and also setting forth a list of witnesses that each party will call to testify at the Hearing along with a sllllllllary of the anticipated testimony of each witnesc. This Memorandum shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of this Court, the Father, Russell C. Kulp, Sr., and the Mother, Tracy M. Kulp, shall enjoy shared legal and shared physical custody with the minor children as follows: A. The parties shall alternate physical custody on weekends starting from Friday at 5 P.M. until Monday morning at approximately 8 A.M. The Father shall have the children on the weekend of July 15 and it shall alternate with Mother starting on July 22 and alternating thereafter. B. During the week, Mother shall enjoy physical custody with the minor children from approximately 8 A.M. until the Father is off work during the day at which time the Father shall pick the children up and have custody of the children until the following morning when he shall deliver them to the Mother. C. For purposes of the Mother's vacation, the Mother shall have custody of the children from August 5 through August 12. Upon the Father giving the Mother notice that - EXHIBIT llA" - he desires to exercise one full week of custody with the children for purposes of a vacation, Father shall be entitled to a similar timeframe, or shorter timeframe if he so desires, of exclusive custody with the minor children. 3. Exchange of custody shall be done with the Father delivering the children to the Mother when he has custody. The Mother shall deliver the children to the Father when she has custody. When Father gets off work, he shall alert Mother as to the time he is getting off work so that she can deliver the children to him. In the event Father gets off work early on a weekday, Mother shall maintain custody of the child at least through 4 P.M. 4. The parties may alternate this schedule as they may agree. Absent an agreement, the custody schedule outlined above shall remain in effect. 5. The Mother shall handle her time of physical custody with the children such that Mr. Scott Romberger is not the custodian of the children by himself or with anyone else except for the Mother. 6. Neither party shall use illegal drugs or be intoxicated immediately prior to or during the periods of custody with the children. Additionally, the children shall not be in the presence of other persons who are using illegal drugs or who are intoxicated. 7. The parties shall notify each other of medical emergencies which arise while the children are in the custody of that parent. BY THE COURT, Isl ~~ E:. I~J Judge George E. Ho er cc: Richard L. Webber, Jr., Esquire Barbara Yunis, Esquire TRUE COpy FROM RECORD In Test;m~ny ,h:'~cf. I he;, .'~:~ !-~l my hand and the seal or $Jid Court at CJr!i~:c. Pa. This ..,;t.,~..tt::.. day Of.?t:~., 19?!f. ..,.,..,.."...'~~~)r~~~~..""..,. " RUSSELL C. KULP, SR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 2956 - CIVIL - 1994 . . TRACY M. KULP, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE GEORGE E. HOFFER CONCILIATION CONFERENCE SUHHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. 2. A Conciliation Conference was held on July 14, 1994 and the following individuals were in attendance: The Father, Russell C. Kulp, Sr., with his counsel, Richard L. Webber, Jr., Esquire, and the Mother, Tracy M. Kulp, with her counsel, Barbara J. Yunis, Esquire. 3. The parties currently have an Order which was entered by Stipulation and is dated July 5, 1994. That Order was entered under the factual scenario where Mother was working during the evenings as a waitress. Mother has since resigned that employment position and is seeking employment in more of a daytime working arrangement. 4. The parties have made various allegations concerning the other parent. Each parent desires to have primary physical custody. Father suggests that the Mother is using illegal drugs and that the Mother is living with her boyfriend who is involved with drugs. The Father also has concerns about the boyfriend's handling of the parties' children. The Mother suggests that the Father is much too physical in disciplining the children. Mother also suggests that the Father himself is involved in the use of illegal drugs and that the Father has recently threatened suicide. \ .. ROSSELL C. XOLP, SR., Plaintif~ : IN THE COURT OF COMMON PLEAS OF : COHBERLAND COUNTY, PENNSYLVANn . . vs. : NO. 2956 - CrvIL - 1994 TRACY M. KOLP, De~endant . . . . : CIVIL ACTION - CUSTODY ORDER 01' 'l'mr COUR'!' AND NOW, (,.;/;L , trki: . tbis day o~ 1994 upon consideration o~ the attacbed petition, it is bereby ordered that the bearing scheduled ~or October 21, 1994 at 9:00 a.m. will be continued. A bearing sball be rescbeduled upon motion by either party. BY THE COURT, I~I -~~ ~. ~~ J. TROE CC'?Y FRO:'" RECORD In T'.','--"" ... "..' 1 I, -., I'-'~ set -y hand .... It. ,. . .. . . .' .. . ~ II: and l/;~ sEal of S~'~ '~J'Jft ~t Carlisle, Pa. this qq7.;It.. day of,(f)d...., 19,f"cf.. _.......~,...,~.:..~-<~,........:. 1:.. f1.' Prothonotary - EXHIBIT "B" - '. , . " -, RUSSELL C. KULP, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 2956 - CIVIL - 1994 . . TRACY M. KULP , Defendant . . : CIVIL ACTION - CUSTODY MarION FOR COHTINtJAHCB The petitioner, Tracy M. Kulp, by and through her attorney, Barbara J. Yunis, states the following: 1. The petitioner, Tracy M. Kulp is an adult individual currently residing at Carlisle, 163 Oak Hill Road, cumberland County, Pennsylvania. 2. The respondent, Russell c. Kulp is and adult individual currently residing at 245 Springview Road, cumberland county, Pennsylvania. Carlisle, 3. Petitioner filed a complaint for custody on June 3, 1994. 4. A conciliation was scheduled before Hubert Gilroy on July 14, 1994, at which time the parties agreed to a Temporary CUstody Order and a hearing was scheduled for October 21, 1994, at 9:00 a.m.. 5. The petitioner requests a continuance of the hearing on October 21, 1994 for the following reasons: a. The parties are currently attempting, to reach an agreement relative to custody and it is believed that an agreement will be reached. I' I! j ." . . :' " ", b. It is not in the parties best interest to incur additional costs for the preparation of pretrial memorandums when it appears a custed agreement will be reached in the near future. 6. The respondent is in agreement with the continuance. WHEREFORE, the petitioner request that a hearing be rescheduled upon motion by either party. Respectfully Submitted, GRIFFIE , ASSOCIATES Ba~~ .. , . VIlRIJ'ICA'l'ION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING MOTION ARE TRUE AND CORRECT. I UNDERSTAND THAT FAlSE STATEMENTS HEREIN MADE ARE SOBJECT TO THE PENALTIES OP 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FAlSIFICATION TO AUTHORITIES. DATE: /6 -s- 9)/ \. /),IJJ!J-r#il. 4 TRACY M. oeC ril ...:l ll. Ul .. Z III .. 0 0 !( .. .. IX .. ~ :l;;>< ! .. M .. :l;;E-< t:l iJ en 0 IX OZ Z IX .. 0( UO .... .j.J H 0 ~ .. ~ ... en .. 0 ~.... C E-< ~ ~ 0( 0 Z ci .. Q. M . ro..U ll.'.-i ." tIl z IX 0 ...:l.j.J ~'tl ril ,. 0( ..; .. :l: ::J .. J: .. " 0 OC III C 0 16 z .. 5 % III E-<zoeC :'<:'.-i ...:l Ql OZ IX % III en .. IX l':oeCH ." 0.... rilO III 0 .. :; IX .. O...:lZ :.<: Ql l>:H ~ IX IX 0 " ...... j;: 0 II z ~ Ol>:oeC UIll en 0 E-< Z c Uril:> > . zoeC ... 0 ! % I!l...:l ...:l :l;; OH ii: 0 u ril:l;;>< ...:l H...:l C) N :Z:Otll ril >< E-<H E-<UZ tIl U HU Z tIl oeC E-<Z zro..ril 0 l>: rilO HOll. l>: E-< ll.U . .......11.. .o.~,... 1."......n.... (JOoO'nOOI 0')''--'''''''.,'' I,.."" . , fEB 1 ., ;995 '. , ..... ." , APR 24 1995 ,l,,~, RUSSELL c. KULP, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :NO. 2956 - CIVIL - 1994 . . TRACY M. KULP, Defendant . . :CIVIL ACTION - CUSTODY I ? C~lmT ORDER AND NOW, this J';; day of ~u1 of the attached Custody Cone liation directed as follows: , 1995, upon consideration Report, it is ordered and 1. A Hearing is scheduled in Courtroom NO~3 of the Cumberland County Courthouse on the '2'1 ""day of ~/J2./ , 1995, at I .,JcJ f!.M. at which time testimony in e above case will be taken. The purpose of this Hearing shall be to address the custody situation during the summer months. Pursuant to the attached Custody Conciliation Report, the parties have agreed to a custody arrangement during the school year, and that arrangement is set forth below. Counsel for the parties or the parties themselves shall file a written memorandum with the Court and the opposing party at least ten days prior to the Hearing date. This memorandum shall set forth a summary of each party's position on the issue in this case along with a list of the witnesses that will be called to testify and the anticipated testimony of each witness. Pending further Order of this Court, the Father, Russell C. Kulp, Sr., and the Mother, Tracy M. Kulp, shall enjoy shared legal custody of Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. The Father shall enjoy primary physical custody of the minor children during the school year. During that time, the Mother shall enjoy temporary physical custody as follows: A. On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. 2. B. On two evenings per week to be Tuesday and Thursday evening from 5 P.M. until 8:30 P.M. C. On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. ~ .._--- ~--- .-' . D. The parties shall alternate the Christmas holiday to run from Christmas Eve at noon until Christmas Day at noon and Christmas Day at noon until December 26 at noon. E. The parties shall alternate physical custody of the minor children on the children's birthdays. F. The Father shall always have custody of the minor children on Father's Day and the Mother shall always have custody of the minor children on Mother's Day. This provision shall supersede any other provision of this Order. BY THE COURT, cc: Barbara J. Yunis, Esquire_ I> " /. A R 11 C 1 <..-u--:h..;..... f"h'-'<4Jo-....... usse . Ku p, Sr. U Hoffer 'f/:lS'j9S, ~,p, r..~ -" ;>> ....J ( .., r=> c.Jl N ~ - c.o c..n RUSSELL C. KULP, SR. Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 2956 - CIVIL - 1994 . . TRACY M. KULP, Defendant . . :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE GEORGE E. HOFFER CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. 2. A Conciliation Conference was held on April 13, 1995, with the following individuals in attendance: The Father, Russell C. Kulp, Sr., who appeared without legal counsel, and the Mother, Tracy M. Kulp, who appeared with her counsel, Barbara J. Yunis, Esquire. 3. The parties were able to agree on almost every item except for custody of the children over the summer months. Mother desires to have primary physical custody during the summer with Father having alternating weekends, which is the flip arrangement of what would be taking place during the school year. Father suggests that the children desire to remain with him full time over the summer. A Hearing is required on this issue. This Hearing should take no more than one half day. 4. The parties agreed on certain matters with respect to custody during the school year. The Conciliator recommends an Order in the form as attached. ~ DATE U) kJM Hubert X. Gilro , Esquire Custody Concil 'ator ~ . RUSSELL C. KULP, SR., plaintiff/Respondent: . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2956 - CIVIL 1994 'I'RACY M. KULP, : Defendant/Petitioner: CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 5"""" day of 9"~ , 1995, 1995, at 1:30 p.m. at the Custody Hearing scheduled for June 29, the Cumberland County Courthouse is hereby continued to filA>'",,;, ~1 J. '/ ' 1995, at I..;Yit.l'" ' OURT, J. ,- ~ <,,, =, r-: 0' !:-:;: - - t..C tJ1 . .' . RUSSELL C. KULP, SR., plaintiff/Respondent: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. . . NO. 2956 - CIVIL 1994 TRACY M. KULP, : Defendant/Petitioner: CIVIL ACTION - CUSTODY PETITION FOR CONTINUANCE AND NOW, comes Petitioner, Tracy M. Kulp, by and through her counsel of record, Barbara J. Yunis, and petitions the Court as follows: 1. Your Petitioner is the above-named Defendant, Tracy M. Kulp, and an adult individual currently residing at P.O. Box 152, Newville, cumberland County, pennsylvania. 2. Your Respondent is the above-named Plaintiff, and an adult individual currently residing at 14 country View Estates, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are scheduled for a custody Hearing on June 29, 1995, at 1:30 p.m. at the Cumberland County Courthouse. 3. Petitioner's attorney, Barbara J. Yunis, Esquire, will be leaving Griffie & Associates on June 9, 1995. 4. Bradley L. Griffie, Esquire, will be assuming responsibility of Petitioner's case. 4. Bradley L. Griffie, Esquire, will be unavailable on June 29, 1995, due to the fact he will be out of the office that week. 5. Respondent is unrepresented. 6. If a continuance is granted, Petitioner will have sufficient time to serve Respondent. . WHEREFORE/ Petitioner and Respondent request your Honorable court to make an Order continuing the custody Hearing, generallY. Respectfully submitted, GRIFFIE & ASSOCIATES By: -;> / -I' f; /J . - I .Ar/t_.tt~_'i..- : ,to:..... Barbara J. ,YUI'} , Esquire 200 North Hanover street carlisle, PA 17013 (717) 267-1350 (800) 347-5552 Date: SJr.!1f t V1lRII'ICATIOH I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: .-j . ././e- , ','.J', I 'c. ., ;: /' II / { . .,' , ':,'1/.#1 {tl ./l/ lll, 'u~ J BARBARA J., - YONtS, ESQUIRE .f'. ~~ ~~ Ji '9 ., ~ ~ F ~ 1-4 l: Ql VI l: .~ ..; 0 ~ III 0. ,~ ..l III ~ '" Ql Ql III P: '" .. Z .... .... iii ... i5 0 . ..... ~ !( ... .. 0: ~~ ..... l: ! .. <'l ... ~ P: ,~ ." U III ... OZ VI+J 'tl III 0: i5 0: < 0 ~ .. U::l l: l: U . ... " III 0. 0 .'~ Ql Z III ( ~ < 0 z Ii ~u "'." .... ..; ,;, Z 0. '" < 0: 0 ..l..... .Ql Z::l <( ,. .. ,.; ... :I: " 0 ::l'" "'0 OZ ... J: .. al 1(1 Z -' 5 % VI E-<Z"; :<: ..l HH VI 0: % ::; III .. 0: g;.o:H III ::l E-<E-< iii o tI 0: ... ..lZ . > :<: HZ ~ ~ 0: 0 al OP:"; U E-tO ii: 6 z >: UIIl> . IIlU h. ! .. 8 % o:l..l ..l :E 0. II: U r.:l:E>< 0-1 P: C> N :C::lVl r.:l >< 0 E-<UZ VI U to.. Z VI .0: zto..r.:l ::l P: HO'" P: E-< " .....,,"...0",...-.,.'.1'.'..'.... IArM,U OJ......."V.'."l.'.. - , !JUN ,: .. / il \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : lit,! If kllc;-;p/I 'J . C. \~. . : Plaintiff : /c)9~ - 6~95-(P : File No. : vs. : IN DIVORCE : 1.1.1 I f) / ,/fit! 1/ I ~\ ' : : , ( Defendant : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the PlaintifflDefendant in the above matter, having been granted a Final Decree in Divorce on the /C)t!:L day of ...Jllll.' , 19 q~ , hereby elects to resume the prior surname of \ v c, r L ~ \\\ .f-yo r r- ,'r 1') , and gives this written notice pursuarlt to the provisions of 54 P.S. S 704. DATE: ..z /1/ /91 I , c --,fA (jL~'-1- '-1/ (, J::!-r ' 0 Signature "t COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF CUMBERLAND : On the //IL day of :?k,,-" , 19 77 , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. [:r~-;1?a.j y 7/) rJf!7',. /,.'/-,4' ;7/_<,~~t" Notary pubYic' , / NOTARIAL SEAl RECORDER Of DEEDS. NOTARY PUBLIC r~RIISl[. CW,'RfR~ANO CCUtHY COURl HOII~E MV r0','.,1I<;s'mJ [YPIRES JMHJARY 1. 1998 * ~ u, 11. cr- '" :r t~ ~ ,. .. ;. 8 ('..: .. r ~ 1'.1 1 cf.. l._' . ... l' , L, . U 10;\' 01 ~1 ( ,- , , ..,- u_ -'- .. , 1,\ I- Ll c~ (" RUSSELL C. KULP, SR., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2956 - CIVIL 1994 TRACY M. KULP, Defendant CIVIL ACTION - CUSTODY AND NOW, this ~~. OP COURT day of upon presentation and consideration of the is hereby issued upon the plaintiff/Respondent, Russell C. Ku1p, to show cause, if any he has, as to why he should not be required to pay attorney's fees associated with the presently scheduled custody hearing compensating Bradley L. Griffie, Esquire, for representation of the Petitioner/Defendant, Tracy M. Kulp. Rule returnable at the time of the hearing scheduled in this matter on July 24, 1995, at 1:30 p.m. service to be made by certified mail, restricted delivery upon the Plaintiff/Respondent. fer, Judge "'1.... r:: tf'l '. , ., .1 '-... .- i;,;" '" RUSSELL C. KULP, SR. , . IN THE COURT OF COMMON PLEAS . plaintiff . OF CUMBERLAND COUNTY, . PENNSYLVANIA vs. . . NO. 2956 - CIVIL 1994 TRACY M. KULP, : Defendant . CIVIL ACTION - CUSTODY . PETXTXON POR SPECXAL RELXEP PURSUANT TO PENNSYLVANIA RULES OP CIVIL PROCEDURE 1915.13 AND NOW, comes Petitioner, Tracy M. Kulp, by and through her counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your petitioner is the above-named Defendant, Tracy M. Kulp, an adult individual currently residing at 707 Opossum Lake Road, Carlisle, Cumberland county, Pennsylvania. 2. Respondent is the above-named plaintiff, Russell C. Ku1p, an adult individual currently residing at the Valley Motel, Cumberland County, Pennsylvania, but with a mailing address of in care of Marian Kulp, 2153 Newville Road, carlisle, Pennsylvania. 3. The parties are the natural parents of the children, Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. 4. The parties are subject to an Order of Court dated April 25, 1995, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Pursuant to the Court Order attached hereto as Exhibit A, the parties reached a comprehensive agreement relative to the custody and visitation arrangements for their aforenamed children. 6. The only issue the parties were unable to resolve as stated in paragraph 1 of the aforementioned Order was related to the custody situation during the summer months. 7. Petitioner previously demanded the opportunity to have primary physical custody of the children during the summer vacation months with the Respondent having periods of temporary partial custody. 8. Respondent demanded that he retain primary physical custody of the children throughout the summer months and that the Petitioner simply retain her routine alternating weekend and other outlined periods of temporary custody of the children. 9. Petitioner has advised Respondent, through counsel, that she is willing to simply accept two weeks of summer vacation each year after providing Father with thirty (30) days advance notice of her intention to exercise those two weeks of vacation. 10. Petitioner has withdrawn her demand that the children reside with her, in her primary physical custody, through the summer vacation months. 11. Despite this, the Respondent has indicated that he will not settle this matter, but is demanding that the matter go to Court. 12. Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, is assisting the Respondent, Tracy M. Kulp, as pro bono legal counsel, upon a referral from Legal services, Inc. 13. The Respondent is unrepresented and operating pro se in these proceedings. 14. Respondent, in negotiations, has attempted to reopen matters that were already agreed upon by the parties at the custody conciliation Conference. 15. The action of the Respondent in refusing to agree to the arrangement set forth above relative to the summer vacation months is done purely to create an obstacle for the settlement of this case and to create additional loss of time and burden for the Petitioner and her legal counsel. 16. If the Respondent refuses and fails to settle this matter within the parameters set forth in the parties' Order of Court dated April 25, 1995, relative to the summer vacation months, his actions are clearly obdurate, vexatious, and obnoxious behavior which should result in his responsibility to pay attorney's fees to the Petitioner's legal counsel herein. WHEREFORE, Petitioner requests your Honorable Court to enter a RUle to Show Cause upon the Respondent as to why he should not be required to pay attorney's fees for the Petitioner in the event that he insists the parties pursue this matter through a hearing presently scheduled with the Court for July 24, 1995, at 1:30 p.m. Respectfully submitted, GRIFFIE & ASSOCIATES By: Gr~rfie, Esquire Hanover Street Ca~sle, 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 MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: (j-tuu /) c. :J {?; /~'1s ' , I . APR ;~ " 1995 .k-, RUSSELL c. KULP, PlaintiLf : IN THE COURT OF COMMON PLEAS OP :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2956 - CIVIL - 1994 v . . TRACY M. KULP, Defendant . . :CIVIL ACTION - CUSTODY COlmT ORDER AND NOW, this blS'~ay of 1?.l9!J:L ,1995, upon consideration of the attached Custody ConCl1iation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courtroom No. hf~ t~e Cumberland County Courthouse on the ~q~ay of , 1995, at /:'30 P.M. at which time testimony in th above case will be taken. The purpose of this Hearing shall be to address the custody situation during the summer months. Pursuant to the attached Custody Conciliation Report, the parties have agreed to a custody arrangement during the school year, and that arrangement is set forth below. Counsel for the parties or the parties themselves shall file a written memorandum with the Court and the opposing party at least ten days prior to the Hearing date. This memorandum shall set forth a summaJ:]' of each pa~ty's position on the issue in this case along with a list of the witnesses that will be called to testify and the anticipated testimony of each witness. Pending further Order of this Court, the Father, Russell C. Kulp, Sr., and the Mother, Tracy M. Kulp, shall enjoy shared legal custody of Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. The Father chall enjoy primary physical custody of the minor children during the school year. During that time, the Mother shall enjoy temporary physical custody as follows: A. On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. 2. B. On two evenings per week to be Tuesday and Thursday evening from 5 P.M. until 8:30 P.M. C. On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. - EXHIBIT "A" - J I , D. The parties shall alternate the Christmas holiday to run frOlll Christmas Eve at noon until Christmas Day at noon and Christmas Day at noon until December 26 at noon. E. The parties shall alternate physical custody of the minor children on the children's birthdays. F. The Father shall always have custody of the minor children on Father's Day and the Mother shall al~ays have custody of the minor children on Mother's Day. This provision shall supersede any other provision of this Order. BY THE COURT, /.!>/ ~L. /' ;1..,/.1..1.-' Judge~ Ge-;'ige B. Bofllr cc: Barbara J. Yunis, Bsquire Russell C. Kulp, Sr. T!l.Ui; Cf",D'! FROM RECORD In T. 'I' ...' - .,.,. ,"'."1 row hand ..'), I' T. '. '. . . _J ~.. or ar.ci in~ S~Ji Ij; :i~.\: :~~"1 at Carlis:e, Pa. a '/).....0 ?,S" This ...02~". day of..~,.~ 19, ...... ...."....,......~:.,C~;~!:.;,fa;:'_..."" , ; J' . RUSSELL C. KULP, SR. Plaintiff : IN THE COURT OF COMMON PLBAS OP :CUHBERLAND COUNTY, PENNSYLVANIA v . . :NO. 2956 - CIVIL - 1994 . . TRACY M. KULP, Defendant : :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE GEORGE E. HOFFER CONCILIATION CutlI1~CE SVMHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 . The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. 2. A Conciliation Conference was held on April 13, 1995, with the following individuals in attendance: The Father, Russell C. Kulp, Sr., who appeared without legal counsel, and the Mother, Tracy M. Kulp, who appeared with her counsel, Barbara J. Yunis, Esquire. 3. The parties were able to agree on almost every item except for custody of the children over the summer months. Mother desires to have primary physical custody during the summer with Father having alternating weekends, which is the flip arrangement of what would be taking place during the school year. Father suggests that the children desire to remain with him full time over the summer. A Hea~'ing is required on this issue. This Hearing should take no more than one half day. 4. The parties agreed on certain matters with respect to custody during the school year. The Conciliator recommends an Order in the form as attached. ~ DATE re ~~ "... , ~1 & ...) .. L.I"'J"'" U eM' ~: >-- J -'. " l :co , , c- ..... ,'-' N J ,'" t.~r) (1 -, \' @ ::> r -, III .0: I<. to:! to:! ~ H p., ~ to:! lJI I- Z ~ ~ p:: W ... 0>< ~ ... I- 0 :<:8 p::.... ~ ~ I[ ... N ~ I- l'l !:, :<:Z lIl.... C .0: U II) ... 00 ,., 11l H j I[ 0 I[ <( 0 !:, I- UO ~~ 'tl U ;. ... " II) Q, U p.,c C to:! m ~ > ~ 0 z ci 0 I<. ~,., ~Q) p., .. Z l'l ;( I[ 00 o 11l p.,.... III <( ~ ~ w ... ~ ::l Z.o: :.:;.... III ~Q) ... :J: I- III 16 z -' 5 8.o:H p., > 00 p:: .. % .. I[ % ::i II) l- I[ p::~z . :.:; 0 W g l- I[ ... op::.o: U I<. I[ I[ 0 III Oto:!:> . ii: <( 0 6 z ~ UD:l~ ~ :<: Z l1. Z ~ ~ 8 % to:!:<:>< ~ 0 a: u :Z::Olll to:! >< H 8UZ III U 8 C) N Z III .0: H Zl<.to:! 0 P:: 8 HOp., P:: 8 to:! p., " , , . ... K".' .0"1,...,.'511.'... nil. 0f01lWO'O:)l~'rr01111.1"'" . . RUSSELL KULP, SR" Plaintiff/Respondent G:IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA v, TRACY BARRICK" Defendant/Petitioner :CIVIL ACTION-LAW :NO, 94-2956 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Tracy Barrick, defendant, to proceed in forma pauperis, The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party, Respectfully submitted. Date: July 18, 2003 "~ C. ' {/,u/IM-I 'VkS~ Erin L. Benson Certified Legal Intern U tv '_ / ,~tr{tJ/J-l- THOMAS ,P~ACE ROBERt ,RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle. P A 17013 717-243-2968 ~~ .,! ~;.. ". ., , " ':'...! . ~.- ;_ 2 /" ~ , !J -.."" :5 (J RUSSELL KULP, SR, PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 94-2956 CIVIL ACnON LAW TRACY BARRICK DEFENDANT IN CUSTODY ORIlF.R OF em fin AND NOW, Wednesday, July 23, 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 4tb Floor, Cumberland County Courthouse, Carlisle on Thursday, August 28. 2003 at 8:30 AM for a Pre-Hearing Custody Conference, At such conference. an Cmlrt will be made to resolve the issues in dispute: or if this cannot be accomplished, to deline and narrow the issucs to be heard by the court, and to enter into a temporary order. All children aile live or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporury or permanent order. The court hereby directs the parties to furnish an)' and all exlstlnll Protection from Abuse orders, Special Relief orders, and Custod)' orders to the conciliator 48 hours prior to scheduled hearlnll. FOR TIlE COURT, By: Isl Hilbert X. Gilroy. Esq. Custody Conciliator l- The Court of Common Pleas of Cumberland County is required by law to comply with the Amcrieans 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 attcnd the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATroRNEY AT ONCE, IF YOU DO NOT lIA VE AN A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELl', Cumherlallll County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 ;- ,: r,. ' I..:.,', 10,. . ' '..' 7'~],CJ3 M t'~ /l~tI/ ~ ,/:':',t., 7',}? C?] ,/1<'-t7a ,'lW:-.-a.". ~ ~ . 7',).7,oJ t~ rdt~ ~~ 7r' ..>IU~/~ j/;b - JlIL 20;:03 (j RUSSELL KULP, SR" Plaintiff/Respondent :IN THE COURT OF COMMO!lUf.Lf;IJS~ro :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION-LAW :IN CUSTODY TRACY BARRICK, Defendant/Petitioner :NO, 94-2956 CIVIL TERM ORDER OF COURT AND NOW, this day of ,2003, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before, , the conciliator, at , on the day of ,2003, at m" 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, FOR THE COURT: By: Custody Conciliator 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, P A 17013 (717) 249-3166 AMERICANS WITH DISABIL.lTIES 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 at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing, '. '. RUSSELL KULP, SR., Plaintiff/Respondent G:IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v, TRACY BARRICK., Defendant/Petitioner :CIVIL ACTION-LAW :NO, 94-2956 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER I. The petition of Tracy Barrick, by her attorneys, the Family Law Clinic, respectfully represents that on August 4, 1995, February 19, 1997 and March 19, 1998, Orders of Court were entered for custody of Russell C, Kulp, born July 12, 1987, and Tyler A. Kulp, born January 24, 1989, true and correct copies which are attached as Exhibit A. 2, This Order should be modified because: a, The children who are 16 and] 4 have expressed a strong desire to live with their Mother, b, The children live in a two bedroom trailer with three other children and their Father and Step-Mother, Mother has seen the living environment and believes that it is not healthy or safe for her children, c, Upon information from the children, Mother has learned that the electricity and other utility bills are often unpaid by Father and resulted in the electricity being shut oiffor a period of time, d. Mother can provide a clean, safe and stable living environment for the children where the children will have their own bedrooms, e, Mother would like primary custody of her children because she believes that a stronger bond between Mother and her children would benefit the children and the current situation does not meet the children's needs at this time in their lives, WHEREFORE, Petitioner asks thatlhe Court modify the existing Order for Custody to allow Mother primary physical custody, because it will be in the best interest of the children, 1/;G/03 . . 6~;j~ Erin L, Benson Certified Legal Intern Date: ~~~~, [)t-dJ' tuaQ(L Thomas M. Place Lucy Johnston-Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Exhibit A RUSSELL C, KULP, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, TRACY M, BARRICK, DEFENDANT 94-2956 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of August, 1998, this matter having been scheduled for a hearing this date, and the attorney for the moving party, Tracy M, Barrick, having Indicated that the parties agreed to a continuance, but the non-moving party, Russell C. Kulp, Sr" having appeared this date with the children and Indicating there was no such agreement, IT IS ORDERED: (1) The hearing is continued to the call of either party, (2) The temporary order of March 19, 1998, shall remain In full force and effect except that the father shall not be responsible for any transportation for the mother's periods of temporary physical custody unless he agrees. I By the Co~rt, Russell C. Kulp, Sr, 367 McAlister Church Road Carlisle, PA 17013 , , 1tf. ~/ ( '~"':"_ ,J' Edgar B. Bayley, J, ( C et.:. .,.' ,., \ ~oc(,-,c' <;;1<' / 'i~' . ~ ~ 1" lio'..... . Daniel W. DeArment, Esquire For Defendant :saa RUSSELL C. KULP, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . TRACY M. BARRICK (previously Kulp) Defendant :NO: 2956 1994 CIVIL . . :IN CUSTODY Prior Judge: George E. Hoffer CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987; and Tyler A. Kulp, born January 24, 1989. 2. A Conciliation Conference was held on March 5, 1998, with the following individuals in attendance: The Father, Russell C. Kulp, Sr., who appeared without counsel and the Mother, Tracy M. Barrick, with her counsel, Rebecca R. Hughes, Esquire. 3. The existing Order provides for Father to have primary physical custody of the minor children with Mother enjoying liberal periods of temporary custody. Mother now seeks to have the existing Order modified and is requesting the Court to grant her primary physical custody. Mother feels it will be in the best interest of the minor children if she is the primary custodian. She asserts a variety of reasons for that position. Father is unwilling to change the existing custody arrangement and feels that he is providing a stable home environment for the children. 4. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached. 3/ 11 if DATE lroy, Esquire ciliator \~IWJ.\h' 1 6 199f '- RUSSELL C. KULP, SR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . TRACY M. BARRICK (previously Kulp) Defendant :NO: 2956 CIVIL 1994 : :IN CUSTODY COlmT ORDER AND NOW, this 1'I.t/.. day of March, 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Cou~t Room No. i of the Cumberland ~ounty Courthouse on the l~'" day of July, 1998, at /../-) :. m. at which time testimony will be taken in the above case. At this hearing, the Mother, Tracy M. Barrick, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing Counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the hearing date. 2. Guidance Associates shall conduct a custody evaluation in this case as an independent evaluator. Both parties shall cooperate with the evaluation and shall ensure that the children are available for the evaluation. Guidance Associates may share the results of the evaluation with both parties. Cost of the evaluation shall be shared equally between the parties. 2. Pending further Order of this Court, the prior Custody Orders entered in this case shall remain in effect, subject to the following modifications: A. The Mother's period of temporary custody on Tuesday and Thursday evening shall commence when the children get home from school which is approximately 4:10 p.m. RUSSELL C. KULP, SR . , Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V . . :CIVIL ACTION - LAW IN CUSTODY : TRACEY M. KULP, Defendant :NO: 2956 CIVIL TERM 1994 . . Prior Judge: GEORGE E. HOFFER CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr. born July 12, 1987 and Tyler A. Kulp born January 24, 1989. 2. A Conciliation Conference was held on January 31, 1997, with the following individuals in attendance: The Mother Tracey M. Kulp, with her counsel, Shannon S. Piergallini, of the Dickinson School of Law Family Law Clinic, and the Father, Russell C. Kulp, Sr., with his counsel, James M. Bach, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. ahlCf.7 DATE Hubert X. Gilroy, squire Custody Concili or 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 mentioned. WITNESS: 7 ),. Date:' ',.~J'(r} I ".~' ~, ! ,: I . " ,( d ,,/ / TRACY M. FLP ,. , , Date: 7'9:'-YJ ~~'dfJc;X:.-:'" ,~ RUSSELL C. KU~, SR. l,,'jCUlJ '/ '2tl..(.( - ~ COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the. /. I , ' day of _,:'... 'I""" , 1995, before me, the undersigned officer, personally appeared Tracy M. Kulp, known to me (or satisfactorily proven) to be the person whose name is subecribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOliirlal 5'3al Tracy l. Crull, NOlary Public Carlisle ~o~o. Cumberland County My Commission Expires May 16, 199A Ai.' (j " \/) /'J,; r' ( .J) COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this the, 'I' day of ';.. ,. . , , 1995, before me, the undersigned officer, personally appeared Russell C. Kulp, sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .' No:ar;.,15I'181 C Tracv L C'1JII Notary Public arl'Slr: [Jrml, Curnh~rl<<titJ Count. My COlllUll551on E.~.1Ir9S MJY 16. lJ98 J..,... RUSSELL C. KULP, SR., Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW IN CUSTODY : TRACEY M. KULP, Defendant :NO: 2956 CIVIL TERM 1994 . . Prior Judge: GEORGE E. HOFFER ~ COlmT 0 AND NOW, this day of consideration of he attached Custo ordered and directed as follows: , 1997, upon Report, it is 1. The Mother's Petition for civil contempt is dismissed by agreement of the parties. 2. This Court's prior Order of August 4, 1995, is modified as follows: A. Transportation shall be handled with the non-custodial parent picking the child up at the other parent's home. When Mother is exercising her temporary custody, she shall go to the Father's home to pick the children up and the Father shall then pick the children up the Mother's home at the end of her custody time. B. Paragraph 5 of the prior Order regarding birthdays is clarified such that both children shall go with each parent on one child's birthday so that the children are together on each other birthdays. C. Mother shall ensure that she provides adequate sleeping arrangements for both children when the children are in her custody. D. Mother's periods of temporary custody shall be as set forth in this Order and Mother shall make no unannounced visits to the children's home. The parties may mutually agree to expand Mother's time to allow her additional periods of tamporary custody, but Mother shall not have any additional periods of temporary custody unless specifically agreed by the Father. J. cc: Shannon S. Piergallini Dickinson School of Law Family Law Clinic , l l ,/.:.1<./,,/,., {. (\ ,...., ~ II 1,.,' . ... _ -<. ~ . ) .':. l RUSSELL C. KULP, SR. , . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO. 2956 - CIVIL - 1994 . . . TRACY M. KULP, Defendant CIVIL ACTION - CUSTODY AND NOW, this ~ER OF q f"\ day of , 1995, the attached stipulation and Agreemen ereby made an Order of Court and all prior Orders on this matter are hereby vacated. BY THE COURT, J. - ~ ..:, ", '"." ,.., J - ;...;: - ( ~__ 1 <J I RUSSELL C. KULP, SR., . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. : NO. 2956 - CIVIL - 1994 TRACY M. KULP, Defendant . CIVIL ACTION - CUSTODY . CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Tracy M. I<ulp, (hereinafter referred to as "Mother") and Russell C. Kulp, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Russell C. Kulp, Jr., born July 12, 1987: and Tyler A. Kulp, born January 24, 1989, (hereinafter the "children"): and WHEREAS, the parties are presently separated and living in separate residences: and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child: and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint or shared legal custody of the children. 2. Father will have primary physical custody. 3. Mother will have periOdS of temporary partial custody as follows: A. On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. B. On two evenings per week, being Tuesday and Thursday evening from 5:00 p.m. until 8:30 p.m.; C. On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day with the specific times to be agreed upon by the parties; D. For two weeks during the summer vacation months, with Mother providing Father with no less than thirty (30) days advance notice of her intention to exercise her two weeks of vacation; E. At other times as the parties may agree. 4. The parties shall alternate Christmas holiday by al ternating the periods from Christmas eve at noon until Christmas day at noon and from Christmas day at noon until December 26th at noon, with Mother having the second period during Christmas 1995 and the first period during Christmas 1996. 5. The parties agree to alternate physical custody of the children on their birthdays. 6. The children shall always be with Father during Father's Day and shall always be with Mother during Mother's Day. This provision shall supersede all other provisions of this Agreement. 7. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well-being of the children is protected. 8. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 9. 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 as this stipulation and Agreement. 10. The parties desire that this stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland county, and further acknowledge that the Court of Common Pleas of cumberland County does, in fact, h~ve jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 11. 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. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. VERIFICATION I verifY that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa, C,S, ~ 4904 relating to unsworn falsification to authorities. Date: 1,/ -0 3- I 1_",/ ( JtflZfi ri1!;fJ;U;f( - Tracy B rnck RUSSELL KULP. SR, , PlaintitTIRespondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION-LAW :IN CUSTODY TRACY BARRICK, Defendant/Petitioner :NO, 94-2956 CIVIL TERM CERTIFICATE OF SERVICE I, Erin L, Benson, Certified Legal Intern, do hereby certify that I am serving a true and correct copy ofa Petition to Modify Custody Order on Russell Kulp, Sr" at 279 Meadows Road, Newville, PA 17241, by depositing a copy of the same in the United States Mail. first class, postage prepaid, on this 18th day of July, 2003, 1/1 ~ I () 3 ~~L~ (j' 6e-VtJ OL--. Erin L, Benson Certified Legallntem Date FAMILY LAW CLINIC 45 North Pitt Street Carlisle. P A 17013 717-243-2968 ~ "1 ". I. I.... --o.j .' ~.'~l 1'1 ':'-:'J (j ~J : l.~. .-- .,. " SEP 1 8 2003 t RUSSELL C, KUU', SR" l'lainliff IN TilE COURT OF COMMON I'LEAS OF CUMIJERLANI) COUNTY, I'ENNSYL VANIA " CIVIL ACTION - LAW TRACY M. IJARRICK, I)cfcndant : NO, 1994-2956 CIVIL IN CUSTOI)Y COURT ORDER /J /),1"{ AND NOW, this ~ day of Scptember, 2003, upon considerntion of the attached Custody Conciliation Report, it is ordered and directed as follows: cc: 1. A hearing is scheduled in. Courtroom (j 2 of the Cumberland County Courthouse on the ,Q7tJ, day of (IL~ , 2003, at /:.. -0 L.M, At tilis hearing, the Mother, Trncy Barrick, shall be the moving party and shall proceed initially with teslimony. Counsel for the parties, or the parties if they do not have an attorney, shall file with the court a mcmorandum setting forth the history of custod)' in this case, the issues currentl)' before the court, a list of witnesses who will be called to testify and a summary of the anticipated testimon)' of each witness, This memorandum shall be filed at least live (5) da)'s prior to the mentioned hearing date, 2, Pending further order of this court, this court's existing order of March 19, 1998 shall remain in effect subject to the understanding that Mother shall enjoy temporary ph)'sical custody of the minor children on alternating weekends from Friday at 4:00 p,m, until Sunday at 7:00 p,m, The weekends shall start on Friday, September 12, 2003, Pursuant to this court's prior order of August 5, 1998, Mother shall handle transportation for exchange of custody unless Father agrees to participate in that transportation. J, Erin L, Benson Edgar B, Ba)'let '"7 'l"t-~ '7. J..3'[),3 Russell Kulp, Sr, 279 Meadows Road Newville, PA 17241 Mf<.iJ ~. " :.",' ':7 .,~\ ,. ~'i, r,. I: ~'\.t,.,~ . ;J,. , . ~.. ',,;, '-"., I .., ... 4, , . RUSSELL C, KULP, SR" Plaintiff IN THE COURT OF COMMON I'LEAS OF CUI\1BERLANI) COUNTY, PENNSYLVANIA \' CIVIL ACTION - LAW TRACY 1\1, IlARRICK, Defendant NO, 1994-2956 CIVIL IN CUSTOl)y Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I, The pertinent Infomlatlon pertaining to the children who are the subject of this litigation Is as follows: Russell C, Kulp, Jr" born July 12, 1987; and Tyler A, Kulp, born Janual1' 24, 1989. 2, A Conciliation Conference was held on September 5, 2003, with the following Individuals in attendance: The Mother, Tracy M. Barrick, with her representative, Erin L. Benson, of the D1ckbl~on School of La\\' Famil)' La\\' Clinic; and the Father, Russell C, Kulp, Sr, who appeared without counsel. 3, The existing Order provides Father having prlmal1' ph)'sical custody of the minor children, Mother is now seeking primary physical custod)' suggesting the children have indicated a desire to live with her. Father suggests to the contral1', and a hearing Is necessary. Pending a hearing, the conciliator recommends that the court adopt an order specllicall)' providing for Mother to have alternating weekends with the children so there is no misunderstanding with respect to a visitation schedule. 4. The conciliator recommends the entl1' of an order in the foml as attached, t//itJ'} T -- FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 , \ '" RUSSELL KULP. SR" PlaintifTlRespondent :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v, TRACY BARRICK" Defendant/Petitioner :CIVIL ACTION-LAW :NO, 94-2956 CIVIL TERM PRAECIPE TO DISMISS DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER To the Prothonotary: Kindly dismiss the Defendant's Petition to Modify Custody Order in this matter, filed on July 18, 2003, Date: If) /17/03 . bL~ cI 6er\A S e--o..- Erin L. Benson Certified Legal Intern Wf~ ROBERT E, RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys rn f,1 r" ?: ", . I . .~ ) ::~ , ~. ::J UJ , : ~; I.' .~.- ,. . ~ ~LJ <.~ ' l~~ , r"1 :~-: ::J oJ f..) , IN THE COURT OF OF CUMBERLAND STATE OF ~ COMMON COUNTY PENNA. PLEAS Plaintiff Verstls TRACY M. KULP, Defendant N(). 94-2956 |995 DECREE IN. AND NOW .........J.u.n.e. ............ , 19.9.5 .... it is ordered and decreed that ................. Russell C. ............ Kulp, Sr., plaintiff,' ' Trac M. Kulp~ and ......... Y ................................................ defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; onotary RUSSELL C. KULP, SR., Plaintiff ' VS. : TRACY M. KULP, : Defendant : IN THE COURT OF'COMMON PT.~AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2956 CIVIL 19 95 ~RAEC~PE TO TP~%NSMIT To the Prothonotary: Transmit the record, together with information, 1. Ground for divorce: Section 3301(c) ~9~~ of inapplicable section.) 2. Date and manner of service of the complaint: 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: 5/11/95 ; by Defendant 5/8/95 (b) (1) Date of execution of the Plaintiff,s affidavit required by Section 3301(d) of the Divorce Code: N/A . (2) Date of service of the Plaintiff,s affidavit upon the Defendant: N/A 4. Related claims pending: none the following to the Court for entry of a divorce decree: irretrievable breakdown under the Divorce Code. (Strike out 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) (1)() of the Divorce Code. f/A A~t orney/f~r ~ ~~D~ (Defendant) Barbara j. Yunis, Esquire GRIFFIE & ASSOCIATES 200 North Han6ver Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF : CIVIL ACTION - LAW : : v. : No. 94- CIVIL TERM : : IN DIVORCE TRACY M. KULP, DEFENDANT NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone (717) 240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF Ye TRACY M. KULP, DEFENDANT : CIVIL ACTION - LAW : : : NO. 94- ~,5~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE COUNT I Request for a No-Fault Divorce Under Section 3301(c) or 3301(d) of Divorce Code at 245 1994. Plaintiff is Russell C. Kulp, Sr., who currently resides Springview Road, Carlisle, Pennsylvania, since May 22, 2. Defendant is Tracy M. Kulp, who currently resides at R.D. #2, Box 100-53, Newville, Pennsylvania, since June 1993. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 23, 1986 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. for 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff requests the court to enter a decree of divorce. COUNT II Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 12. This action is not Divorce Code. collusive, as defined by 303 of the COUNT III Request for a Fault Divorce Under 3301(a)(2) of the Divorce Code 13. Paragraphs 1 through 12 are incorporated herein as though set forth in full. by reference 14. Defendant has committed adultery while married to Plaintiff. WHEREFORE~ Plaintiff respectfully requests the Court to grant to him a divorce decree. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., : PLAINTIFF : : V. : : TRACY M. KULP, : DEFENDANT : CIVIL ACTION - LAW NO. 94-2956 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he mailed the Complaint in Divorce in this matter by certified mail, return receipt requested, addressee only, to the Defendant, TRACY M. KULP, R.D. #2, Box 100-53, Newville, Pennsylvania 17241 on June 2, 1994. The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A". Richard L. Webber, ~r'., Attorney for Plaintiff ll W. Big Spring Avenue, P.O. Box 40 Newville, PA 17241 (717) 776-6566 Sworn to and subscribed before m~s ~ A day of , 1994. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF V. TRACY M. KULP, DEFENDANT CIVIL ACTION - LAW NO. 94-2956 CIVIL TERM IN DIVORCE P 852~475 271 Receipt for Certified Mail No In",~'ance Coverage Provided Do not uae for Intemalional Mail (See Reverse) 'm~rs. Tracy M. Kulp R.D. f;2t Box 100-53 vllle, PA 17241 1.00 RUSSELL C. KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 2956 - CIVIL -. 199~ TRACY M. KULP, : IN DIVORCE · r~..~ Defendant : "-' ~ AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301~c) or-3301(d) of the Divorce Code was was filed on June 1, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADEIN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: I~S~ELL C. KULP~ S~ RUSSELL C. KULP, Plaintiff vs. TRACY M. KULP, Defendant IN THE COURT OF COMMON PT.F~S OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 IN DIVORCE AFFIDAVIT OF CONS~N~ 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was was filed on June 1, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I have been advised of the availability of marriage counseling, that I may request that the Court require that my spouse and I participate in counseling, and that the Court maintains a list of marriage counselors in the Prothonotary,s Office, which limt im available to me upon requemt. Being mo advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: TRAC¥ DefendanW RUSSELL C. KULP, SR., Plaintiff vs. TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-2956 CIVIL TERM IN CUSTODY ENTRY OF APPEARANCE Please withdraw my appearance on behalf of Tracy M. Kulp, in the above-captioned action. Date: the Defendant, Please enter my appearance on behalf of the Defendant, Tracy M. Kulp, in the above-captioned matter. Barbara J/Yu~i~, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 ~$S¢~ il ~ ~lPPIaintiff V Defendant AND NOW, this' ~o~ .(da~e] ~ ~ :IN THE COURT OF COMMON PLEAS OF :CUmbERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ~NO. ~ ul-~S~ CIVIL 19 : CUSTODY/VISDTATION ORDER OF COURT , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel ammear before ~&~ ~ i ~' ~£~/ ~9 the conciliator, at on the Mg, for a Prehear~ng Custody '~onference. 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. Either party may bring the child who is the subject of this custody action to the conference-, but the child/children's attendance is not mandatory. 'Failure to appear;at the conference'may provide grounds for entry of a tempo, rary or per-,anent order. FOR T~. COURT: Custody Conciliator r-' ~ 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 r, RGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 1 7013 (717) 240-6200 pl&intiff/Respondent TRACY M. KULP, De£endant/~etitioner TN THE COURT OF COMMON PLF~ OF CUMBERLAHD COUNTY, PF, HN~YLVANI& CIVIL &CTION - LAW IN CUSTODY NO. 2956 CIVIL 1994 NOTICE Mfi:) ORDER TO APPEAR Legal proceedings have been brought against you alleging you have willfully disobeyed an Order of Court for partial custody. If you wish to defend against the claim set forth in the following pages, you may but are not required to file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in court on , at .M., in Courtroom , Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. If the Court finds that you have willfully failed to comply with its order for partial custody, you may be found to be in contempt of court and committed to jail, fined or both. 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. Court Administrator Fourth Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 BY THE COURT: Jo RUSSELL C. KULP· SR.· Plainti£f/Reopondont Vo TRACY M. KULP· Defend&nt/]~otit4oner IN THE COURT OF COMMON ~LBA8 OF CUMBERLAND COUNTY; PEHNSYLVANT& CXVZL ~CTXON - L~W XN CUSTODY NO. 2956 C~V~L TERM L994 FOR ClV~ CONTEMPT FOR DXSOB~DTuMCB OF ~TTJ~T. CUSTODY ORDER NOW COMES, the Petitioner, Tracy Kulp, by and through her attorneys, the Family Law Clinic, and respectfully represents the following in support of her petition: 1. Petitioner, hereinafter referred to as Mother, and Respondent, hereinafter referred to as Father, are the natural parents of Russell C. Kulp, Jr. (d.o.b. 07/12/87) and Tyler A. Kulp (d.o.b. 01/24/89). 2. Mother and Father entered into an agreement concerning the custody of these children which was entered as an Order of Court on August 4, 1995, a copy of which is appended hereto as Petitioner's Exhibit A and incorporated herein by reference. 3. Pursuant to the Custody Order, Father has primary physical custody and Mother has partial custody on alternating weekends and every Tuesday and Thursday evening. 4. Since the entry of the Custody Order, there has been an ongoing pattern of noncompliance with the Order by Father. 5. Father has repeatedly and randomly refused to produce the children available for Mother during her scheduled periods of partial custody. This has been especially prevalent on Mother's Tuesday and Thursday evening partial custody periods. The most recent of such events have been as follows. 6. On September 13, 1996, Mother went to Father's residence to pick up the children for her weekend of partial custody. Neither Father nor the children were at the residence, and as a result, Mother did not see the children that weekend. 7. On Tuesday, October 1, 1996, and Tuesday, October 8, 1996, Mother attempted to pick up the children for her period of partial custody~ however, Father willfully refused to turn the children over to Mother. 8. On October 11, 1996, the Family Law Clinic wrote to Father explaining that he needs to comply with the Custody Order by turning the children over to Mother during her periods of partial custody as stated in the Custody Order and that failure to do so may result in this Clinic filing a Contempt petition. A copy of this letter is appended hereto as Petitionerts Exhibit B and incorporated herein by reference. 9. On Tuesday, November 12, 1996, Father again willfully refused to turn the children over to Mother for her period of partial custody stating that the children "didntt want to go" and that he was not "going to force them". WHEREFORE, Mother requests this Honorable Court to find Father in contempt of the existing Custody Order. Mother further asks for relief against Father, Russell C. Kulp, Sr., in any of the following forms as prescribed by 23 Pa.C.S. ~4346: (a) Imprisonment for a period not to exceed six months; (b) A fine not to exceed $500.00; (c) Probation for a period not to exceed six months. Date: SHANNON S. PIERGAII~INI Certified Legal Intern Robert E. Rains SUPERVISING ATTORNEY FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Tracy M. Kulp V~IFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. TRACY M~ KULP RUSSELL C. KULP, SR., Plaintiff TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY _ (~RDER OF COURT. '- ~ attached Stipulation and Agreement is ~ereby made an 1995, Order Court and all prior, grders on this matter are hereby vacated. BY THE COURT, the of EXHIBIT A RUSSELL C. KULP, SR., Plaintiff TRACY M. KULP, Defendant 3. follows: IN THE COURT OF COMMON P?m%S OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Tracy M. Kulp, (hereinafter referred, to as "Mother") and Russell C. Kulp, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Russell C. Kulp, Jr., born July 12, 1987; and ~er... · A. Kulp, born January 24, 1989, (hereinafter the "children"); and WHEREAS, the parties are presently separated and living in separate residenceS; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint or shared legal custody of the children. Father will have primary physical custody. Mother will have periods of temporary partial custody as On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. Be Co On two evenings per week, being Tuesday and Thursday evening from 5:00 p.m. until 8:30 p.m.; On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day with the specific times to be agreed upon by the parties; De For two weeks during the summer vacation months, with Mother providing Father with no less than thirty (30) days advance notice of her intention to exercise her two weeks ~f vacation; E. At other times as the parties may agree. 4. The parties shall alternate Christmas holiday by alternating the periods from Christmas eve at noon until Christmas day at n6on and from Christmas day at noon until December 26th at noon, with Mother having the second period during Christmas 1995 and the first period during Christmas 1996. 5. The parties agree to alternate physical custody of the children on their birthdays. 6. The children shall always be with Father during Father's Day and shall always be with Mother during Mother's Day. This provision shall supersede all other provisions of this Agreement. 7. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well-being of the children is protected. children Neither parent shall do anything which may estrange the from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 9. 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 as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties, minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 11. The parties agree that in making this Agreement, there or other have read and has been no fraud, concealment, overreaching, coercion, unfair dealing on the part of the other. 12. The parties acknowledge that they understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 't. COMMONWEALTH OF PENNSYLvANiA ) ) COUNTY OF CUMBERLAND ) SS On this the-..~L~ day of'~.~.,-.j~ , 1995, before me, the undersigned officer, personally appeared Tracy M. Kulp, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nolarial Seal ]'racy L. Crull No,ar Pu j Carlisle Bern c'.:--L . Y blic My Cornmio.i~/: -,~u,,!oer~ano Cou COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF CUMBERLAND ) On this the...~..:;/-~day , 1995, before me, the undersigned officer, personally appeared Russell C. Kulp, Sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the Purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ Notarial Sea ' I ,, .]'.racy L. Crull. Notary Publi~~ J ..Cartisl~. Boro Cumber/ J My Co~'~nissi ~:,,.,.^_ an(/Coun~ ,. on -~w,,=~ May 1 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 mentioned. WITNESS: Date: RUSSELL C. KU~, SR. 't. A 8ervice to tho community by students from The Dickinson School of Law FAMILY LAW CLINIC Offioa: 45 North Pitt St. Carlisle. PA 17013-2943 (717) 240-5204 (7171 243-2968 Fax: (717) 243-3639 October 11, 1996 Russell C. Kulp, Sr. 4108 Enola Road Newville, PA 17241 Dear Mr. Kulp: This clinic represents Tracy Kulp, and we ~ COntacting you directly because we understand that you are not represented by an attorney at this time. If you are represented by an attorney, please take this letter to your attorney and discuss it with him/her. It is my understanding that Tracy has been having some difficulty when attempting to pick up Tyler and Russell during her periods of custody. The Custody Order gives Tracy physical custody every other weekend in addition to every Tuesday and Thursday evening. This means that you are required to turn the children over to Tracy at these times. If you refuse to do so, you may be in contempt of Court. Please understand that if Tracy is a few minutes late, this does not give you the option of deciding not to turn the children over to her. You must be reasonable, and this includes allowing Tracy to be a few minutes late, especially in light of the fact that she does not have a phone number to reach you and therefore cannot COntact you to inform you that she will be late. In addition, the Custody Order does not state that Tracy herself must pick up the children. As you are aware, there are times when Tracy is not able to pick the children up because of her work schedule. Tracy can designate a person to pick the children up in her place. In the past, she has attempted to send her best friend or her fiance, and you have not allowed the children to go with these individuals. I understand that you may not want to send your children off with just anyone, but you know both these individuals and you know that Tracy has a trusting relationship with them. Therefore, you need to turn the children over when one of these individuals comes to pick the children up. Finally, the Custody Order does not require that Tracy provide all the transportation for the exercise of her custody periods. In a past Custody Order, it was required that the parties share the responsibility of transportation. We expect that you will continue to do this. It is only fair that you help in providing transportation by either picking up the children at the end of Tracy's custody period or dropping them off to Tracy at the beginning of her custody period. EXHIBIT B Page 2 of 2 Sr. October 11, 1996 ¢ If you have an . c_u_rrent Custody Ord,~ questions abo ,, _ ~ g/ye You ,,~. ,-'_u.er' we advi,,~ .._ u. the cOnten . . tnav h~,....'~ ',~, ~cga/advi-- .~ .you to Con,..-. ts of th~s letter take further le;;~ - You cont/nue ;. _ ttorney of ~o.- -~ content~ of the e,u action ',, not COtnnl.;- .' "- unO/ce, as ,,.:- - · ~,,y,ng w/th the ,', ..... ,,,=otfice ~.ua[oay Order, we Very tru/y yours, Trac~ Kulp Shannon S. Pierga~l/ni Certified Lega/~ntern IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., : PLAINTIFF : : V. : : TRACY M. KULP, : DEFENDANT : CIVIL ACTION - LAW NO. 94-2956 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : Richard L. Webber, Jr., being duly sworn according to law, deposes and says that he mailed the Complaint in Custody in this matter by certified mail, return receipt requested, addressee only, to the Defendant, TRACY M. KULP, R.D. #2, Box 100-53, Newville, Pennsylvania 17241 on June 10, 1994. The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A". Richard L. Webber, Jr/,~Attorney for Plaintiff ~ 11W. Big Spring Avenue, P.O. Box 40 Newville, PA 17241 (717) 776-6566 Sworn to and subscribed before me t~,hi,s /,~ day of , 1994 . IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., PLAINTIFF V. TRACY M. KULP, DEFENDANT CIVIL ACTION - LAW NO. 94-2956 CIVIL TERM IN CUSTODY Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) ,Sent to Mrs. Trac¥ M. Kulp 6treet and R.D. ~/2, Box 100-53 P.O., 8~ ~ ~ Newvil le, PA 17241 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR. : PLAINTIFF : : V. : : TRACY M. KULP, : DEFENDANT : CIVIL ACTION - LAW NO. 94- ~"'~ CIVIL TERM CUSTODY ORDER OF COURT AND NOW, ~--~e ~ , 1994 upon consideration of the attached complaint, it is hereby direc~e~ that theatric% and their respective counsel appear ~efor~ !-~b.¢-~ ~ ~1~o~/~ , the conciliator, at.. ~+k ~[oJ~ [~. ~6~. ~o~.~ on the ;~'day of ~ [~ '~- '~ 1994, at ~ { %.~ ~. .m., for a Pre'Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; o~ if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the children who are the subjects of this custody action to the conference, but the attendance of the children is not mandatory. Failure to appea~ at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, BY: 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. Office of the Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 Telephone (717) 240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL C. KULP, SR., : PLAINTIFF : : V. : : TRACY M. KULP, : DEFENDANT : CIVIL ACTION - LAW NO. 94- CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is RUSSELL C. KULP, SR., residing at Springview Road, Carlisle, Cumberland County, Pennsylvania. 245 2. The defendant is TRACY M. KULP, residing at R.D. #2, Box 100- 53, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Age RUSSELL C. KULP, JR. 245 Springview Road Carlisle, PA 17013 6 years (DOB 7/12/87) TYLER A. KULP 245 Springview Road Carlisle, PA 17013 5 years (DOB 1/24/89) The children, Russell C. Kulp, Jr. and Tyler A. Kulp are presently in the custody of Russell C. Kulp, Sr. who resides at 245 Springview Road, Carlisle, Cumberland County, Pennsylvania. During the past five years the children have resided with the following persons and at the following addresses: Name List all Addresses Dates Russell C. Kulp, Sr. 245 Springview Road Carlisle, PA 17013 May 26, 1994 to present Russell C. Kulp, Sr. and Tracy M. Kulp R.D. #2, Box 100-53 Newville, PA 17241 June 1, 1993 to May 26, 1994 Russell C. Kulp, Sr. and Tracy M. Kulp 65 Center Road Newville, PA 17241 1989 to June 1, 1993 The mother of the children is TRACY M. KULP, currently residing at R.D. #2, Box 100-53, Newville, Pennsylvania. The father of the children is RUSSELL C. KULP, SR., currently residing at 245 Springview Road, Carlisle, Pennsylvania. 4. The relationship of Plaintiff to the children is that natural father. of The Plaintiff currently resides with the following persons: Name William McKeehan 5. The relationship of natural mother. Defendant to the children is that of The Defendant currently resides with the following persons: Name Relationship Amanda Marie Barrick daughter Amber Ann Barrick daughter 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 does not have information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff is not aware of a person not a party to the proceedings who has physical custody of the children and claims to have custody or visitation rights with respect to the children. ?. The best interest and permanent welfare of the children will be served by granting the relief request because: a. Plaintiff is better able emotional needs of the children; to care for the physical and b. Defendant's present home environment is the children; and unsuitable for c. Defendant is engaged in an extramarital relationship, to the detriment of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the children to him, subject to reasonable partial custody rights for Defendant. 11 West Big Spring Avenue P.O. Box 40 Newville, PA 17241-0040 (717) 776-6566 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Russell C. Kulp,~Sr., Plaintiff JUL 0 ! RUSSELL C. KULP, SR., Plaintiff TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2956 CIVIL TERM Custody AND NOW, consideration of the attached ordered as follows: 1. Plaintiff, hereinafter referred to as the have physical custody of the children, RUSSELL C. TYLER A. KULP, as follows: (a) On Monday and Tuesday from 4:30 p.m. until 9:15 a.m. the following morning. (b) On Wednesday from 4:30 p.m. until Thursday at 9:15 a.m. (c) On Thursday from 3:00 p.m. until Friday at 9:15 a.m. (d) On Friday from 3:00 p.m. until Sunday at 9:15 a.m. 2. Defendant, hereinafter referred to as the MOTHER, shall have physical custody of the children, accprding to the following schedule: (a) On Tuesday from 9:15 a.m. until 4:30 p.m. (b) On Wednesday and Thursday from 9:15 a.m. until 4:30 p.m. this day of nse~n~t~'~~mentl , 1994, in Co it is hereby FATHER, will KULP, JR. and (c) On Friday from 9:15 a.m. until 3:00 p.m. (d) On Sunday at 9:15 a.m. until Monday at 4:30 p.m. 3. The parties will share physical custody of the children on the Fourth of July at times agreed upon by the parties. 4. FATHER shall deliver the children to MOTHER for her exercise of partial custody. MOTHER shall return the children to FATHER'S parent's house at the conclusion of her exercise of partial custody. MOTHER shall not have verbal contact with FATHER'S parents. 5. The MOTHER and FATHER, by mutual agreement, may vary from this schedule at any time. 6. Custody of the children shall not take place in the presence of Scott Romberger or Deb Romberger. 7. Neither party shall use illegal drugs or be intoxicated immediately prior to or during their periods of custody with the children. Additionally, each party shall take steps to ensure that the children are not in the presence of other persons who are using illegal drugs or are intoxicated. 8. MOTHER and FATHER will notify each other immediately of medical emergencies which arise while the children are in that parent's care. 9. 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. 10. Court. This Order shall remain in effect until further Order of RUSSELL C. KULP, SR., Plaintiff TRACY M. KULP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 94- CIVIL TERM : : Custody CONSENT AGREEMENT THIS AGREEMENT is entered on this 29th day of June, 1994, by Plaintiff, RUSSELL C. KULP, SR., and Defendant, TRACY M. KULP. Plaintiff is represented by Richard L. Webber, Jr. Defendant is represented by Barbara J. Yunis, Esquire. Defendant and Plaintiff agree to the entry of the following Temporary Custody Order regarding their children, RUSSELL C. KULP, JR. and TYLER A. KULP. Plaintiff and Defendant will share custody of their minor children beginning July 1, 1994, until further Order of Court according to the following schedule. 1. Plaintiff, hereinafter referred to as the FATHER, will have physical custody of the children as follows: (a) On Monday and Tuesday from 4:30 p.m. until 9:15 a.m. the following morning. (b) On Wednesday from 4:30 p.m. until Thursday at 9:15 a.m. (c) On Thursday from 3:00 p.m. until Friday at 9:15 a.m. (d) On Friday from 3:00 p.m. until Sunday at 9:15 a.m. 2. Defendant, hereinafter referred to as the MOTHER, will have physical custody of the children, according to the following schedule: la) On Tuesday from 9:15 a.m. until 4:30 p.m. lb) On Wednesday and Thursday from 9:15 a.m. until 4:30 p.m. {c) On Friday from 9:16 a.m. until 3:00 p.m. (d) On Sunday at 9:15 a.m. until Monday at 4:30 p.m. 3. The parties will share physical custody of the children on the Fourth of July at times agreed upon by the parties. 4. FATHER shall deliver the children to MOTHER for her exercise of partial custody. MOTHER shall return the children to FATHER'S parent's house at the conclusion of her exercise of partial custody. MOTHER shall not have verbal contact with FATHER'S parents. 5. The MOTHER and FATHER, by mutual agreement, may vary from this schedule at any time. 6. Custody of the children shall not take place in the presence of Scott Romberger or Deb Romberger. 7. Neither party shall use illegal drugs or be intoxicated immediately prior to or during their periods of custody with the children. Additionally, each party shall take steps to ensure that the children are not in the presence of other persons who are using illegal drugs or are intoxicated. 8. MOTHER and FATHER will notify each other immediately of medical emergencies which arise while the children are in that parent's care. 9. 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. WHEREFORE, the parties request that an entered to reflect the above terms. Order of Court be Russell C. Sr., Plaintiff Richard L. Webbe~ Jr.,~TM Attorney for Plaintiff 11W. Big Spring Avenue Newville, PA 17241-0040 (717) 776-6566 Tr~cy M. K~p, Barbara J~ ~unls Attorney for Defendant 220 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 d U L ? RUSSELL C. KULP, SR., P1 ain t iff v TRACY M. KULP , Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2956 - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this ~day ,, of ' · consideration of the attached Cust~ tion ordered and directed as follows: 1994, upon Report, it is A~e~~ is scheduled in t~e above case on the ~~day of · 1994 at ~.'F~ in Courtroom No. 3 of the Cumberland County Courthouse in Carlisle, Pennsylvania. At that time, the Father, Russell C. Kulp, Sr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for both parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody and also setting forth a list of witnesses that each party will call to testify at the Hearing along with a summary of the anticipated testimony of each witness· This Memorandum shall be filed at least ten days prior to the Hearing date. Pending further Order of this Court, the Father, Russell C. Kulp, Sr., and the Mother, Tracy M. Kulp, shall enjoy shared legal and shared physical custody with the minor children as follows: The parties shall alternate physical custody on weekends starting from Friday at 5 P.M. until Monday morning at approximately 8 A.M. The Father shall have the children on the weekend of July 15 and it shall alternate with Mother starting on July 22 and alternating thereafter. During the week, Mother shall enjoy physical custody with the minor children from approximately 8 A.M. until the Father is off work during the day at which time the Father shall pick the children up and have custody of the children until the following morning when he shall deliver them to the Mother. For purposes of the Mother's vacation, the Mother shall have custody of the children from August 5 through August 12. Upon the Father giving the Mother notice that 0 0 ® he desires to exercise one full week of custody with the children for purposes of a vacation, Father shall be entitled to a similar timeframe, or shorter timeframe if he so desires, of exclusive custody with the minor children. Exchange of custody shall be done with the Father delivering the children to the Mother when he has custody. The Mother shall deliver the children to the Father when she has custody. When Father gets off work, he shall alert Mother as to the time he is getting off work so that she can deliver the children to him. In the event Father gets off work early on a weekday, Mother shall maintain custody of the child at least through 4 P.M. The parties may alternate this schedule as they may agree. Absent an agreement, the custody schedule outlined above shall remain in effect. The Mother shall handle her time of physical custody with the children such that Mr. Scott Romberger is not the custodian of the children by himself or with anyone else except for the Mother. Neither party shall use illegal drugs or be intoxicated immediately prior to or during the periods of custody with the children. Additionally, the children shall not be in the presence of other persons who are using illegal drugs or who are intoxicated. The parties shall notify each other of medical emergencies which arise while the children are in the custody of that parent. cc: RT ,BY Richard L. Webber, Jr., Esquir_e Barbara Yunis, Esquire RUSSELL C. KULP, SR. , Plaintiff v TRACY M. KULP , Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2956 - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE GEORGE E. HOFFER following report: 1. 0 CONCILIATION CONFERENCE SU~4ARF R~OR.,. IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8 (b) , the undersigned Custody Conciliator submits the The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987, and Tyler A Kulp, born January 24, 1989. ' A Conciliation Conference was held on July 14, 1994 and the following individuals were in attendance: The Father, Russell C. Kulp, Sr., with his counsel, Richard L. Webber, Jr., Esquire, and the Mother, Tracy M. Kulp, with her counsel, Barbara J. Yunis, Esquire. The parties currently have an Order which was entered by Stipulation and is dated July 5, 1994. That Order was entered under the factual scenario where Mother was working during the evenings as a waitress. Mother has since resigned that employment position and is seeking employment in more of a daytime working arrangement. The parties have made various allegations concerning the other parent. Each parent desires to have primary physical custody. Father suggests that the Mother is using illegal drugs and that the Mother is living with her boyfriend who is involved with drugs. The Father also has concerns about the boyfriend,s handling of the parties, children. The Mother suggests that the Father is much too physical in disciplining the children. Mother also suggests that the Father himself is involved in the use of illegal drugs and that the Father has recently threatened suicide. Bo The Mother has two other children from a separate relationship. These children are ten years old. 6. The parties were able to reach an agreement with respect to a temporary Order pending a Hearing. However, the parties were not able to reach a permanent agreement on custody. A Hearing is necessary. A Hearing should take no more than one day. 7. The Conciliator recommends an Order in the form as attached. DA TE C ~ ' Gllroy, Esquire usroay Conciliator RUSSELL C. KULP, SR., Plaintiff vs. TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY ORDER OF THE COURT AND NOW, this day of , 1994 upon consideration of the attached petition, it is hereby ordered that the hearing scheduled for October 21, 1994 at 9:00 a.m. will be continued. A hearing shall be rescheduled upon motion by either party. BY THE COURT, me RUSSELL C. KULP, SR., Plaintiff vs. TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY ~OTION FOR CONTINU~I~CE The petitioner, Tracy M. Kulp, by and through her attorney, Barbara J. Yunis, states the following: 1. The petitioner, Tracy M. Kulp is an adult individual currently residing at 163 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania. 2. The respondent, Russell C. Kulp is and adult individual currently residing at 245 Springview Road, Carlisle, Cumberland County, Pennsylvania. 1994. 3. Petitioner filed a complaint for custody on June 3, 4. A conciliation was scheduled before Hubert Gilroy on July 14, 1994, at which time the parties agreed to a Temporary Custody Order and a hearing was scheduled for October 21, 1994, at 9:00 a.m.. 5. The petitioner requests a continuance of the hearing on October 21, 1994 for the following reasons: a. The parties are currently attempting, to reach an agreement relative to custody and it is believed that an agreement will be reached. b. It is not in the parties best interest to incur additional costs for the preparation of pretrial memorandums when it appears a custod agreement will be reached in the near future. 6. The respondent is in agreement with the continuance. WHEREFORE, the petitioner request that rescheduled upon motion by either party. a hearing be Respectfully Submitted, GRIFFIE & AssOCIATES Barbara J. ~urWis VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING MOTION ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TRACY M.~I~I~P - ~ RUSSELL C. KULP, Plaintiff vs. TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, ~6~¢~ ~ ~ , 1995, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, at L~k~\~u£' (-,^mb. ~.o, ~~- on the day of 1995 at for a re-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 enter into a temporary order. Ail children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of & temporary or permanent order. FOR THE COURT, ~ustody Con~iliat6r ~~/ 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. Office of the Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA :~17~13 (717) 240-620~ RUSSELL C. KULP, Plaintiff vs. TRACY M. KULP, Defendant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY PETITION REQUESTING CONCILIATIO~i 1. Petitioner is the above-named Defendant, Tracy M. Kulp, who resides at 363 Burgners Road, Carlisle, Pennsylvania. Petitioner,s mailing address is P.O. Box 152, Newville, Pennsylvania. 2. Respondent is the above-named Plaintiff, Russell C. Kulp, Sr., who resides at 14 Country View Estates, Newville, Pennsylvania. 3. A Custody Conciliation was held on July 5, 1994, a copy of the Conciliation Report and Order of Court is hereto attached and incorporated by reference as Exhibit "A". 4. At the time of the Custody Conciliation a Temporary Order was entered and a hearing was scheduled for October 21, 1994. 5. By Order of Court dated October 6, 1994, a copy of which is hereto attached and incorporated by reference as Exhibit "B", the hearing was continued generally on the fact the parties appeared to have reached an agreement. 6. Since the time of the custody conciliation, circumstances have changed whereby it is believed the parties, differences can be resolved with the efforts of the conciliator, Hubert X. Gilroy, Esquire. WHEREFORE, Petitioner requests a custody conciliation be scheduled with Hubert X. Gilroy, Esquire to resolve the outstanding custody issues. Respectfully submitted, GRIFFIE & ASSOCIATES By: Carlisle, PA 17 013 (717) 243-5551 Date: VERIFICATIOw I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: RUSSELL C. KULP, SR., Plaintiff V TRACY M. KULP , Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2956 - CIVIL - 1994 : :CIVIL ACTION - CUSTODY .COURT ORDER AND NOW, this ~U~ day of consideration of ~'he attached Custody ordered and directed as follows: ~ , 1994, upon C~nc'~iation Report, it is A He~r/_~n~ is scheduled in the above case on the ~l~day of ~jo~c~ , 1994 at q:~o in Courtroom No.---~ of the Cumberland County Courthouse in Carlisle, Pennsylvania. At that time, the Father, Russell C. Kulp, Sr., shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for both parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody and also setting forth a list of witnesses that each party will call to testify at the Hearing along with a s~um~ary of the anticipated testimony of each witness. This Memorandum shall be filed at least ten days prior to the Hearing date. Pending further Order of this Court, the Father, Russell C. Kulp, Sr., and the Mother, Tracy M. Kulp, shall enjoy shared legal and shared physical custody with the minor children as follows: A® B® The parties shall alternate physical custody on weekends starting from Friday at 5 P.M. until Monday morning at approximately 8 A.M. The Father shall have the children on the weekend of July 15 and it shall alternate with Mother starting on July 22 and alternating thereafter. During the week, Mother shall enjoy physical custody with the minor children from approximately 8 A.M. until the Father is off work during the day at which time the Father shall pick the children up and have custody of the children until the following morning when he shall deliver them to the Mother. For purposes of the Mother's vacation, the Mother shall have custody of the children from August 5 through August 12. Upon the Father giving the Mother notice that - EXHIBIT "A" - he desires to exercise one full week of custody with the children for purposes of a vacation, Father shall be ~ntitle. d t.o a sim_ilar timeframe, or shorter timeframe if e so aesir, s, of exclusive custody with the minor children. 3. Exchange of custody shall be done with the Father delivering the children to the Mother when he has custody. The Mother shall deliver the children to the Father when she has custody. When Father gets off work, he shall alert Mother as to the time he is getting off work so that she can deliver the children to him. In the event Father gets off work early on a weekday, Mother shall maintain custody of the child at least through 4 P.M. The parties may alternate this schedule as they may agree. Absent an agreement, the custody schedule outlined above shall remain in effect. Se The Mother shall handle her time of physical custody with the children such that Mr. Scott Romberger is not the custodian of the children by himself or with anyone else except for the Mother. 6. Neither party shall use illegal drugs or be intoxicated immediately prior to or during the periods of custody with the children. Additionally, the children shall not be in the presence of other persons who are using illegal drugs or who are intoxicated. The parties shall notify each other of medical emergencies which arise while the children are in the custody of that parent. BY THE COURT, cc: Judge George E. Richard L. Webber, Jr., Esquire Barbara Yunis, Esquire TRUE COPY FROM ,RECORD In Testimony "h .... · ~., .~:~u, I her~ u~to sot my bend 8nd the seal o1: said Court at CarJi~Je, Pa. .... ..... ................ .......... ~)(~, o~otary RUSSELL C. KULP, SR., Plaintiff v TRACY M. KULP , Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2956 - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE GEORGE E. HOFFER CONCILIATION CONFERENCe. SU~NARF IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8 (b), the undersigned Custody Conciliator submits the following report: i. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. 2. A Conciliation Conference was held on July 14, 1994 and the following individuals were in attendance: The Father, Russell C. Kulp, Sr., with his counsel, Richard L. Webber, Jr., Esquire, and the Mother, Tracy M. Kulp, with her counsel, Barbara J. Yunis, Esquire. 3. The parties currently have an Order which was entered by Stipulation and is dated July 5, 1994. That Order was entered under the factual scenario where Mother was working during the evenings as a waitress. Mother has since resigned that employment position and is seeking employment in more of a daytime working arrangement. 4. The parties have made various allegations concerning the other parent. Each parent desires to have primary physical custody. Father suggests that the Mother is using illegal drugs and that the Mother is living with her boyfriend who is involved with drugs. The Father also has concerns about the boyfriend,s handling of the parties' children. The Mother suggests that the Father is much too physical in disciplining the children. Mother also suggests that the Father himself is involved in the use of illegal drugs and that the Father has recently threatened suicide. 5. The Mother has two other children from a separate relationship. These children are ten years old. 6. The parties were able to reach an agreement with respect to a temporary Order pending a Hearing. However, the parties were not able to reach a permanent agreement on custody. A Hearing is necessary. A Hearing should take no more than one day. 7. The Conciliator recommends an Order in the form as attached. _ube~ X. G~lroy, Esquire custody Conciliator RUSSELL C. KULP, SR., Plaintiff V$. TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CML - 1994 CIVIL ACTION - CUSTODY ORDER OF TNw COURT AND NOW, this _ ~ day of _ ~. · 1994 upon consideration of the attached petition, it is hereby ordered that the hearing scheduled for October 21, 1994 at 9:00 a.m. will be continued. A hearing shall be rescheduled upon motion by either party. BY THE COURT, TRUE C©?Y F.~OM RECORD In T~sf,m.,n .... ' "'"'" 'h '~ .... ?.- ,.',t', set my hand and the s~a{ o~ sald four'r at Carlisle, Pa. ~ o~ ...... ~'......., ~,..~.~ .... ~_' ...~...j ; ..... ~.: ......... ~. .... : ..... ~ ....... · .... ~, ~. yrothonota~ - EXHIBIT "B" - RUSSELL C. KULP, SR., Plaintiff vs. TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY MOTION FOR CONTINUANCE The petitioner, Barbara j. Yunis, Tracy M. Kulp, by and states the following: 1. The Petitioner, Tracy M. Kulp is currently residing at 163 Oak Hill Cumberland County, Pennsylvania. through her attorney, an adult individual Road, Carlisle, 2. The respondent,. Russell C. Kulp is and adult individual currently residing at 245 Springview Road, Carlisle, Cumberland County, Pennsylvania. 1994. Petitioner filed a complaint for custody on June 3, 4. A conciliation was scheduled before Hubert Gilroy on July 14, 1994, at which time the parties agreed to a Temporary Custody Order and a hearing was scheduled for October 21, 1994, at 9:00 a.m.. 5. The petitioner requests a continuance October 21, 1994 for the following reasons: of the hearing on a. The parties are currently attempting, to reach an agreement relative to custody and it is believed that an agreement will be reached. b. It is not in the par~ies best interest to incur additional costs for the preparation of pretrial memorandums when it appears a custod agreement will be reached in the near future. 6. The respondent is in agreement with the continuance. WHEREFORE, the petitioner request rescheduled upon motion by either par~y. that a hearing Respectfully Submitted, GRIFFIE & AssOCIATES Barbara JJ ~ulis VEI~ZFZ~tTZO~ I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING MOTION ARE TRUE AND CORRECT. I UNDERSTAND THAT F~?-~E STATEMENTS ~%T~EIN MADE ARE SUBJECT TO THE PENALTIES OF lS PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. RUSSELL C. KULP, Plaintiff V TRACY M. KULP, Defendant AND NOW this ~ day of _~..~. ~:__ , 1995, of the 'attached Custody ~nc~liation--Report, :IN THE COURT OF cOMMON PLEAS OF :cuMBERLAND cOUNTY, PENNSYLVANIA : :NO. 2956 - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY upon consideration it is ordered and directed as follows: · urtroom No~3 of the cumberland · is scheduled ~n ~_ _= ~L,~O~ , 1995, a~ 1. A Hearing .... ~he ~q--aay o~ i~~. -- will be ~ .... ~,, Co rtnouse un ~ _____~.. -- :--~/h~ above case . ~-/-~-~ML ....... e of thxs Heu~ng shall ~aken~ The puffu~ custody situation during the summer months. Pursuant to the attached Custody Conciliation Report, the parties have agreed to a custody arrangement during the school year, and that arrangement is set forth below. Counsel for the parties or the parties themselves shall file a written memorandum with the Court and the opposing party at least ten days prior to the Hearing date. This memorandum shall set forth a summary of each party's position on the issue in this case along with a list of the witnesses that will be called to testify and the anticipated testimony of each witness. 2. Pending further Order of this Court, the Father, Russell C. Kulp, Sr., and the Mother, Tracy M. Kulp, shall enjoy shared legal custody of Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. The Father shall enjoy primary physical custody of the minor children during the school year. During that time, the Mother shall enjoy temporary physical custody as follows: A. On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. B. On two evenings per week to be Tuesday and Thursday evening from 5 P.M. until 8:30 P.M. C. On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. cc: De E® Re The parties shall alternate the Christmas holiday to run from Christmas Eve at noon until Christmas Day at noon and Christmas Day at noon until December 26 at noon. The parties shall alternate physical custody of the minor children on the children,s birthdays. The Father shall always have custody of the minor children on Father's Day and the Mother shall always have custody of the minor children on Mother's Day. This provision shall supersede any other provision of this Order. BY THE COURT, Barbara j. Yunis, Esquire er~ Russell C. Kulp, Sr. ~ ~ ~/23-/gJ-. RUSSELL C. KULP, SR. Plaintiff v TRACY M. KULP , Defendant :iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2956 - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE GEORGE E. HOFFER CONCILIATION CONFERENCE SUF~4ARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8 (b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. 2. A Conciliation Conference was held on April 13, 1995, with the following individuals in attendance: The Father, Russell C. Kulp, Sr., who appeared without legal counsel, and the Mother, Tracy M. Kulp, who appeared with her counsel, Barbara j. Yunis , Esquire. 3. The parties were able to agree on almost custody of the child ....... L_ every item except for re.. ~v=~ ~e summer months. Mother desires to have primary physical custody during the summer with Father having alternating weekends, which is th .' what would be takin~ ~lace ~..-: .... e. fl~lp arrangement of =.~ ~uz.xng ~ne scnool year. Father suggests that the children desire to remain with him full time over the summer. A Hearing is required on this issue. This Hearing should take no more than one half day. 4. The parties agreed on certain matters with respect to custody during the school year. The Conciliator recommends an Order in the form as attached. DATE ubert X. Gi!ro~' Esquire - Custody Concii~ator RUSSELL C. KULP, SR., : Plaintiff/Respondent: : vs. : : TRACY M. KULP, : Defendant/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL 1994 CIVIL ACTION - CUSTODY QRDER OF COURT AND NOW, this 57~ day of ~/~-~ , 1995, the Custody Hearing scheduled for June 29, 1995, at 1:30 p.m. at the Cumberland County Courthouse is hereby continued to ~/~F~/~, ~ ~ , 1995 at/~_~/~/~ ~, RUSSELL C. KULP, SR., : Plaintiff/Respondent: : vs. : : TRACY M. KULP, : Defendant/Petitioner: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL 1994 CIVIL ACTION - CUSTODY P~?ITION FOR CONTI~U~%i~C~ AND NOW, comes Petitioner, Tracy M. Kulp, by and through her counsel of record, Barbara J. Yunis, and petitions the Court as follows: 1. Your Petitioner is the above-named Defendant, Tracy M. Kulp, and an adult individual currently residing at P.O. Box 152, Newville, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Plaintiff, and an adult individual currently residing at 14 Country View Estates, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are scheduled for a Custody Hearing on June 29, 1995, at 1:30 p.m. at the Cumberland County Courthouse. 3. Petitioner,s attorney, Barbara j. Yunis, Esquire, will be leaving Griffie & Associates on June 9, 1995. 4. Bradley L. Griffie, Esquire, will be assuming responsibility of Petitioner,s case. 4. Bradley L. Griffie, Esquire, will be unavailable on June 29, 1995, due to the fact he will be out of the office that week. 5. Respondent is unrepresented. 6. If a continuance is granted, Petitioner will have sufficient time to serve Respondent. WHEREFORE, Petitioner and Respondent request your Honorable Court to make an Order continuing the Custody Hearing, generally. Respectfully submitted, GRIFFIE & ASSOCIATES Date: By: Barbara J. ~u~s~, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 267-1350 (800) 347-5552 VERIFIC~tTION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: BARBARA J./YUNI~S , ESQUIRE RUSSELL C. KULP, SR., Plaintiff Ve TRACY M. KULP, Defendant IN THE COURT OF coMMON PLEAS OF cUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL 1994 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Shannon S. Piergallini, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of said petition for Civil Contempt for Disobedience of Partial Custody Order on Russell C. Kulp, Sr., residing at 4108 Enola Road, Newville, PA 17241, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid, this 27th day of November, 1996. I am also serving a copy of the same in the United States mail, regular delivery. Certified Legal Intern IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. / / D~fendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby Given that the Plaintiff/Defendant in the above matter, having been Granted a Final Decree in Divorce on the /¢2~2- day of ~3~ , 19 ~ , hereby elects to resume the prior surname of- \ ~C~f_~\ ~-~'~:,'C~ , and gives this written notice pursua~ to the provisions of 54 P.S. ~ 704. Si~nat~e of name bein~ resumed COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBERLAND : SS. On the //~ day of~/~/L~, 19 ~ , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foreGoinG for the purpose therein contained. seal. In Witness Whereof, I have hereunto set my hand and official ~otary Pubic~ / NOTARIAL SEAL RECORDER OF DEEDS, NOTARY PUBLIC CARLISLE, CUMBERLAND COUNTY COURT HOUSE ,, MY COMMISSION EXPIRES JANUARY 1, 19D8 RUSSELL C. KULP, SR., Plaintiff vs. TRACY M. KULP, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2956 - CIVIL 1994 : : CIVIL ACTION - CUSTODY upon presentation and consideration of the Within P~ition, Rule is hereby issued upon the Plaintiff/Respondent, Russell C. Kulp, to show cause, if any he has, as to why he should not be required to pay attorney's fees associated with the presently scheduled custody hearing compensating Bradley L. Griffie, Esquire, for representation of the Petitioner/Defendant, Tracy M. Kulp. Rule returnable at the time of the hearing scheduled in this matter on July 24, 1995, at 1:30 p.m. certified mail, restricted Plaintiff/Respondent. Service to be made by delivery upon the fer, Judge RUSSELL C. KULP, SR., Plaintiff vs. TRACY M. KULP, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 2956 - CIVIL 1994 : : CIVIL ACTION - CUSTODY PETITION FOR SPECIAL RELIEF PURBUAI~T TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 1915.13 AND NOW, comes Petitioner, Tracy M. Kulp, by and through her counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above-named Defendant, Tracy M. Kulp, an adult individual currently residing at 707 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above-named Plaintiff, Russell C. Kulp, an adult individual currently residing at the Valley Motel, Cumberland County, Pennsylvania, but with a mailing address of in care of Marian Kulp, 2153 Newville Road, Carlisle, Pennsylvania. 3. The parties are the natural parents of the children, Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. 4. The parties are subject to an Order of Court dated April 25, 1995, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Pursuant to the Court Order attached hereto as Exhibit A, the parties reached a comprehensive agreement relative to the custody and visitation arrangements for their aforenamed children. 6. The only issue the parties were unable to resolve as stated in paragraph 1 of the aforementioned Order was related to the custody situation during the summer months. 7. Petitioner previously demanded the opportunity to have primary physical custody of the children during the summer vacation months with the Respondent having periods of temporary partial custody. 8. Respondent demanded that he retain primary physical custody of the children throughout the summer months and that the Petitioner simply retain her routine alternating weekend and other outlined periods of temporary custody of the children. 9. Petitioner has advised Respondent, through counsel, that she is willing to simply accept two weeks of summer vacation each year after providing Father with thirty (30) days advance notice of her intention to exercise those two weeks of vacation. 10. Petitioner has withdrawn her demand that the children reside with her, in her primary physical custody, through the summer vacation months. 11. Despite this, the Respondent has indicated that he will not settle this matter, but is demanding that the matter go to Court. 12. Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, is assisting the Respondent, Tracy M. Kulp, as pro bono legal counsel, upon a referral from Legal Services, Inc. 13. The Respondent is unrepresented and operating pro se in these.proceedings. 14. Respondent, in negotiations, has attempted to reopen matters that were already agreed upon by the parties at the Custody Conciliation Conference. 15. The action of the Respondent in refusing to agree to the arrangement set forth above relative to the summer vacation months is done purely to create an obstacle for the settlement of this case and to create additional loss of time and burden for the Petitioner and her legal counsel. 16. If the Respondent refuses and fails to settle this matter within the parameters set forth in the parties' Order of Court dated April 25, 1995, relative to the summer vacation months, his actions are clearly obdurate, vexatious, and obnoxious behavior which should result in his responsibility to pay attorney's fees to the Petitioner's legal counsel herein. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to Show Cause upon the Respondent as to why he should not be required to pay attorney's fees for the Petitioner in the event that he insists the parties pursue this matter through a hearing presently scheduled with the Court for July 24, 1995, at 1:30 p.m. Respectfully submitted, GRIFFIE & ASSOCIATES BY:~re ~ Nj~ Hanover Street Ca~sle, 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 MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: RUSSELL C . KULP , Plaintiff TRACY M. KULP , Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA =NO. 2956 - CIVIL - 1994 :CIVIL ACTION - CUSTODY COURT ORDE~ AND NOW, this ~~ay of ~~ , 1995, upon consideration of the attached Custody Condi~iation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cou~troomNo. 3~of the Cumberland County_Courthouse on the ~~ay o~ ~, 1995, at ~ W.M. at which time t-~imony ~n th~ above case will be taken. The purpose of this Hearing shall be to address the custody situation during the summer months. Pursuant to the attached Custody Conciliation Report, the parties have agreed to a custody arrangement during the school year, and that arrangement is set forth below. Counsel for the parties or the parties themselves shall file a written memorandum with the Court and the opposing party at least ten days prior to the Hearing date. This memorandum shall set forth a s~ary of each pa_rty's position on the issue in this case along with a list of the witnesses that will be called to testify and the anticipated testimony of each witness. Pending further Order of this Court, the Father, Russell C. Kulp, Sr., and the Mother, Tracy M. Kulp, shall enjoy shared legal custody of Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January 24, 1989. T,Se Father =hall enjoy primary physical custody of the minor children during the school year. During that time, the Mother shall enjoy temporary physical custody as follows= On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. On two evenings per week to be Tuesday and Thursday evening from 5 P.M. until 8:30 P.M. Ce On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. - EXHIBIT "A" - De Bo The parties shall alternate the Christmas holiday to run from Christmas Eve at noon until Christmas Day at noon and Christmas Day at noon until December 26 at noon. The parties shall alternate physical custody of the minor children on the children's birthdays. The Father shall always have custody of the m/nor children on Father's Day and the Hother shall always have custody of the m/nor children on Mother's Day. This provision shall supersede any other provision of this Order. BF THE COURT, cc ** Judge George E. Ho flOr Barbara J. Yunis , Esquire Russell C. Kulp, Sr. TRU~ cr'.,~¥ FROM RECORD in T.'.s'~ ;'-..'v,' .. r, ..:~f, ih, r...,~+:~ s~,,my hand and the s-aa[ of sa:d Zcurt at Carlisle, Pa. ..... . ............... _.._~....,...~.~..,....~ ........ RUSSELL C . KULP , SR. Plaintiff V TRACY M. KULP , Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2956 - CIVIL - 1994 :CIVIL ACTION - CUSTODY PRIOR JUDGE: JUDGE GEORGE E. HOFFER CO~CIL~TI~ CONFERENCE IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8 (b), the undersigned Custody Conciliator suhm/ts the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987, and Tyler A. Kulp, born January24, 1989. 2. A Conciliation Conference was held on April 13, 1995, with the following individuals in attendance: The Father, Russell C. Kulp, Sr., who appeared~ithout legal counsel, and the Mother, Tracy M. Kulp, who appeared with her counsel, Barbara J. Yunis, Esquire. The parties were able to agree on almost every item except for custody of the children over the summer months. Mother desires to have primary physical custody during the summer with Father having alternating weekends, which is the flip arrangement of what would be taking place during the school year. Father suggests that the children desire to remain with him full time over the summer. A Hearing is required on this issue. This Hearing should take no more than one half day. The parties agreed on certain matters with respect to custody during the school year. The Conciliator recommends an Order in the form as attached. Custody Conciliator RUSSELL C. KULP, SR., PLAINTIFF TRACY M. BARRICK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-2956 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of Mamh, 1998, the hearing now scheduled for July 23, 1998, IS CANCELLED. The hearing is rescheduled for Wednesday, August 5, 1998, at 8:45 a.m., in Courtroom Number 2. Russell C. Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 Edgar B. Bayley, J. ? James M. Bach, Esquire Rebecca R. Hughes, Esquire For Defendant RUSSELL C. KULP, SR., : IN THE COURT OF COMMON PLEA~ PLAINTIFF/RESPONDENT ¥. TRACY M. BARRICK, (previously Kulp) DEFENDANT/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2956 CIVIL 1994 : : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this c~C~ day of ~c~x~x~xc'~ , 199~ upon consideration of ~e a~ch~ . ~ ~ ~q~, mo ~n~ma~r, ar ~ ~ ~ · ~ r~ c .... ~- ~ ~ ~ / ~ ~ ' · · ~-I ........ ~~yor ~ ,1998 · Cu~y Co~eren~ At such ~e en~ ~, ~ '- ~ ( ~- ~ ., ~. M. for a Pre-H~g · er_____, ~. ~or~ ~a og ~g ~ rgsolvg ~g ~ssugs ~ ~spu~; or ~ ~s c~ot be ~mplish~ W ~e ~d ~ow ~e issues to be h~d by ~e Cou~ ~d W enter h~ a ~po~ or~r. ~ c~en ~e five or older ~y ~so be present at ~e ~er~. F~ure to app~ at ~s ~eren~ ~y prohde ~o~ for en~ of a ~mpo~ or pe~ent or~r. By the Court, 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RUSSELL C. KULP, SR., PLAINTIFF/RESPONDENT ¥. TRACY M. BARRICK, (previously Kulp) DEFENDANT/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2956 CIVIL 1994 : : CIVIL ACTION : IN CUSTODY pETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the petitioner, Tracy M. Bardck (previously Tracy M. Kulp), by and through her attorneys, IRWIN, McKNIGHT & HUGHES, and files this Petition for Modification of Custody making the following statement: 1. The petitioner is Tracy M. Barrick (previously Tracy M. Kulp), an adult individual residing at 203 Fairfield Street, P. O. Box 152, Newville, Pennsylvania 17241. 2. The respondent is Russell C. Kulp, McAlister Church Road, Carlisle, Pennsylvania 17013. Sr., an adult individual residing at 367 3. The parties are the natural parents of two (2) minor children, namely Russell C. Kulp, Jr., born 7/12/87, and Tyler A. Kulp, born 1/24/89. The parties separated on May 22, 1994, and were divorced on June 19, 1995. 5. Since June 1994, the minor children have resided primarily with the respondent, Russell C. Kulp, Sr. while they following: a. bo The petitioner has had several concerns regarding the care of the minor children are in the physical custody of the respondent, including but not limited to the The minor children are often sent to school very dirty and wearing ripped clothing which is extremely dirty; The children have expressed a strong desire to live with their mother as opposed with their father and his girlfriend; The minor children are experiencing difficulties in their progress at school. 7. The petitioner believes and therefore avers that it is within the best interest of the minor children that she have primary physical custody of them, with periods of partial physical custody to the petitioner on alternating weekends. WHEREFORE, the petitioner, Tracy M. Barrick, granted primary physical custody of the minor children. respectfully requests that she be Respectfully submitted, IRWIN, MeKNIGHT & HUGHES By: 6RebeCCa R. Hughes, Esqdire (~/' - 0 West Pomfret Street K.9 Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 67212 Attorney for the defendant/petitioner Tracy M. Barrick Dated: January 20, 1998 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel and myseLf'in the preparation of this document. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief.. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. TR6~ M. BAR~ICK Date: January_.,_.~, 1998 JAMES M. BACH Attorney At Law 352 S. Sporting Hill Rd., Mechanicsburg, PA 17055, Tel: (717) 737-2033 March 30, 1998 OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY COURT HOUSE ONE COURT HOUSE SQUARE CARLISLE, PA 17013-3387 RE: Russell C. Kulp, Sr. v. Tracy M. Barrick No. 94-2956 Civil To Whom It May Concern: Please place this letter in the file regarding my former client Russell C. Kulp, Sr. I understand that a hearing is going to be held at some time in August of 1998. I do not represent Russell C. Kulp, Sr. Formerly, I received this case on his behalf from legal services, engaged in extensive negotiations, and resolved the case at a custody conciliation followed by a court order in February of 1997. Subsequent thereto I returned the file to legal services of Carlisle and I have had no further dealings with that particular case since that time. It is up to Mr. Kulp to secure an attorney of his choosing between now and the time of his hearing set for August 5, 1998. JMB/Iw cc: Russell C. Kulp, Sr. Respectfully, BACH at-Law RUSSELL C. KULP, SR., PLAINTIFF Ve TRACY M. BARRICK, DEFENDANT IN THE FCOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94-2956 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this L~ day of August, upon agreement of the parties, the hearing in the above- captioned case now scheduled for August 5, 1998 at 8:45 a.m., in Courtroom No. 2 Cumberland County Courthouse, Carlisle, Pennsylvania, is hereby continued generally. Russell C. Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 Rebecca R. Hughes, Esquire For Defendant ,J. RUSSELL C. KULP, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY M. BARRICK, DEFENDANT 94-2956 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of August, 1998, this matter having been scheduled for a hearing this date, and the attorney for the moving party, Tracy M. Barrick, having indicated that the parties agreed to a continuance, but the non-moving party, Russell C. Kulp, Sr., having appeared this date with the children and indicating there was no such agreement, IT IS ORDERED: Russell C. Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 (1) The hearing is continued to the call of either party. (2) The temporary order of March 19, 1998, shall remain in full force and effect except that the father shall not be responsible for any transportation for the mother's periods of temporary physical custody unless he agrees. By the-(~- "~,~' Edgar B. Bayley, J. Daniel W. DeArment, Esquire For Defendant :saa RUSSELL C- KULP, SR., plaintiff v TRACY M. BARRICK (previously Kulp) Defendant :IN THE couRT OF coMMON pLEAS OF :cuMBERLAND couNTY, pENNSYLVANIA %CIVIL ACTION - LAW :NO: 2956 CIVIL 1994 ~IN cusTODY cOURT oRDEr_ if ordered and directed as AND NOW, this 1_~_~_~ day of March, 1998, u on consideration of the attached custody Conciliation Report, it ' d - ~ ..... : ~ ~ of the cumberlan~ ~o~u-~ . _ _~ ~o~m No. ~ .n~ a~ earing is scheduled zn cour~_a ~"~ay of. J~,¢, ~bove A h on the ~ · be taken ~-- e 1. county c°urth°~s~%h time testimony ~%~= M. Barrick, counsel rot ~t~~ setting ~°r%~i~_ +he court, a counsel a mem~=~ s currently Dex~.q,~ ~ sugary witness This memorand~ witnesses who w~ ~ - . anticipated test~ony of each to the hearing date. be filed at least ten days prior stody evaluation in this 2. Guidance Associates shall conduct a cu Both parties shall case as an independent evaluator. cooperate with the evaluation and shall ensure that the children are available for the evaluation. Guidance Associates may share the results of the evaluation with both parties. Cost of the evaluation shall be shared equally between the parties. 2. Pending further Order of this court, the prior Custody orders entered in this case shall remain in effect, subject to the following modifications: The Mother'S period of temporary custody on Tuesday and A. Thursday evening shall co~ence when the children get home from school which is approx~ately 4:10 p.m. Be For purposes of exchange of custody, the Father's girlfriend and the Mother's boyfriend can provide transportation for the children on those exchanges without .the requirement that the-~-~ar~n~ be present. CC, Rebecca R. Hughes, Esquire~ James M. Bach, Esquire Je Russell C. Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 RUSSELL C . KULP , SR ·, : IN THE COURT OF COMMON PLEAS OF Plaintiff V TRACY M. BARRICK (previously Kulp) Defendant :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO: 2956 CIVIL 1994 : : IN CUSTODY Prior Judge: George E. Hoffer CONCILIATION CONFERENCE SU~qARYREPORT IN ACCORDANCE WITH THE CUMBERLAND 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: Russell C. Kulp, Jr., born July 12, 1987; and Tyler A. Kulp, born January 24, 1989. A Conciliation Conference was held on March 5, 1998, with the following individuals in attendance: The Father, Russell C. Kulp, Sr., who appeared without counsel and the Mother, Tracy M. Barrick, with her counsel, Rebecca R. Hughes, Esquire. The existing Order provides for Father to have primary physical custody of the minor children with Mother enjoying liberal periods of temporary custody. Mother now seeks to have the existing Order modified and is requesting the Court to grant her primary physical custody. Mother feels it will be in the best interest of the minor children if she is the primary custodian. She asserts a variety of reasons for that position. Father is unwilling to change the existing custody arrangement and feels that he is providing a stable home environment for the children. The parties are unable to reach an agreement and a hearing is required· The Conciliator recommends an Order in the form as attached. cubs ~ oErsquire RUSSELL C. KULP , SR. , Plaintiff V TRACEY M. KULP , Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW IN CUSTODY : :NO: 2956 CIVIL TERM 1994 : Prior Judge: GEORGE E. HOFFER AND NOW, this ~ day of ~,1997, upon consideration of ~he attached Custo y nciliation Report, it is ordered and directed as follows: 1. The Mother's Petition for civil contempt is dismissed by agreement of the parties. 2. This Court's prior Order of August 4, 1995, is modified as follows: A. Transportation shall be handled with the non-custodial parent picking the child up at the other parent's home. When Mother is exercising her temporary custody, she shall go to the Father's home to pick the children up and the Father shall then pick the children up the Mother's home at the end of her custody time. B. Paragraph 5 of the prior Order regarding birthdays is clarified such that both children shall go with each parent on one child's birthday so that the children are together on each other birthdays. C. Mother shall ensure that she provides adequate sleeping arrangements for both children when the children are in her custody. D. Mother's periods of temporary custody shall be as set forth in this Order and Mother shall make no unannounced visits to the children's home. The parties may mutually agree to expand Mother's time to allow her additional periods of temporary custody, but Mother shall not have any additional periods of temporary custody unless specifically agreed by the Father. cc: Shannon S. Piergallini Dickinson School of Law Family Law Clinic RUSSELL C. KULP, SR., Plaintiff V TRACEY M. KULP , Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW IN CUSTODY : :NO: 2956 CIVIL TERM 1994 : Prior Judge: GEORGE E. HOFFER CONCILIATION CONFERENCE SUM~4ARY REPORT IN ACCORDANCE WITH THE CUMBERLAND 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: Russell C. Kulp, Jr. born July 12, 1987 and Tyler A. Kulp born January 24, 1989. A Conciliation Conference was held on January 31, 1997, with the following individuals in attendance: The Mother Tracey M. Kulp, with her counsel, Shannon S. Piergallini, of the Dickinson School of Law Family Law Clinic, and the Father, Russell C. Kulp, Sr., with his counsel, James M. Bach, Esquire. The parties agreed to the entry of an Order in the form as attached. DA TE Hubert X. Gilroy,/~squire Custody Concili~or RUSSELL C. KULP, SR., Plaintiff We TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY - ~ couRT. .Z_ attached Stipulation and Agreemen% is ~ereby made an 1995, the Order of CouFt and all prior Orders on this matter are hereby vacated. BY THE COURT, Je RUSSELL C. KULP, SR., Plaintiff TRACY M. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2956 - CIVIL - 1994 CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT 3. follows: THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Tracy M. Kulp, (hereinafter referred to as "Mother") and Russell C. Kulp, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Russell C. Kulp, Jr., born July 12, 1987; and Tyler A. Kulp, born January 24, 1989, (hereinafter the "children"); and WHEREAS, the parties are presently separated and living in separate residences; and WHEREAS, the parties wish to enter into an agreement relative to custody and partial custody of the child; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint or shared legal custody of the children. Father will have primary physical custody. Mother will have periods of temporary partial custody as A® On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. Be On two evenings per week, being Tuesday and Thursday evening from 5:00 p.m. until 8:30 p.m.; Ce On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day with the specific times to be agreed upon by the parties; De For two weeks during the summer vacation months, with Mother providing Father with no less than thirty (30) days advance notice of her intention to exercise her two weeks of vacation; E. At other times as the parties may agree. 4. The parties shall alternate Christmas holiday by alternating the periods from Christmas eve at noon until Christmas day at noon and from Christmas day at noon until December 26th at noon, with Mother having the second period during Christmas 1995 and the first period during Christmas 1996. 5. The parties agree to alternate physical custody of the children on their birthdays. 6. The children shall always be with Father during Father's Day and shall always be with Mother during Mother's Day. This provision shall supersede all other provisions of this Agreement. 7. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well-being of the children is protected. children Neither parent shall do anything which may estrange the from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 9. 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 as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 11. 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. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. 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 mentioned. WITNESS: RUSSELL C. KuL"P SR. COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF CUMBERLAND ) On this the~/O/ day me, the undersigned officer, personally known to me (or satisfactorily proven) , 1995, before appeared Tracy M. Kulp, to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Tracy L. Crull, Notary Public Carlisle Boro, Cumberland County My Commission Expires May 16 19¢;)8 COMMONWEALTH OF PENNSYLVANIA ) ) ss On this the< .~j~/~day , me, the undersigned officer, personally appeared Russell C. Kulp, Sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Tracy L. Crull, Notary Publ/c ~ Carlisle Boro, Cumberland Cou My Commission Expires May 16, ?~98 RUSSELL KULP, SR., Plaintiff/Respondent TRACY BARRICK., Defendant/Petitioner G:IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :NO. 94-2956 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Tracy Barrick, by her attorneys, the Family Law Clinic, respectfully represents that on August 4, 1995, February 19, 1997 and March 19, 1998, Orders of Court were entered for custody of Russell C. Kulp, born July 12, 1987, and Tyler A. Kulp, born January 24, 1989, true and correct copies which are attached as Exhibit A. 2. This Order should be modified because: a. The children who are 16 and 14 have expressed a strong desire to live with their Mother. b. The children live in a two bedroom trailer with three other children and their Father and Step-Mother. Mother has seen the living environment and believes that it is not healthy or safe for her children. c. Upon information from the children, Mother has learned that the electricity and other utility bills are often unpaid by Father and resulted in the electricity being shut offfor a period of time. d. Mother can provide a clean, safe and stable living environment for the children where the children will have their own bedrooms. e. Mother would like primary custody of her children because she believes that a stronger bond between Mother and her children would benefit the children and the current situation does not meet the children's needs at this time in their lives. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody to allow Mother primary physical custody, because it will be in the best interest of the children. Date: Erin L. Benson Certified Legal Intern .obedJt. v. ins Thomas M. Place Lucy Johnston-Walsh Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Exhibit RUSSELL C. KULP, SR., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA TRACY M. BARRICK, DEFENDANT : 94-2956 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of August, 1998, this matter having been scheduled for a hearing this date, and the attorney for the moving party, Tracy M. Barrick, having indicated that the parties agreed to a continuance, but the non-moving party, Russell C. Kulp, Sr., having appeared this date with the children and indicating there was no such agreement, IT IS ORDERED: (1) The hearing is continued to the call of either party. (2) The temporary order of March 19, 1998, shall remain in full force and effect except that the father shall not be responsible for any transportation for the mother's periods of temporary physical custody unless he agrees. By the Co~, Edgar B. Bayley, d. ( Russell C. Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 Daniel W. DeArment, Esquire For Defendant : saa RUSSELL C. KULP, SR., Plaintiff V TRACY M. BARRICK (previously Kulp) Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO: 2956 CIVIL 1994 : :IN CUSTODY Prior Judge: George E. Holler CONCILIATION CO~d~NC~ SUM~ARYR~PORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDUR~ 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr., born July 12, 1987; and Tyler A. Kulp, born January 24, 1989. 2. A Conciliation Conference was held on March 5, 1998, with the following individuals in attendance: The Father, Russell C. Kulp, Sr., who appeared without counsel and the Mother, Tracy M. Barrick, with her counsel, Rebecca R. Hughes, Esquire. 3. The existing Order provides for Father to have primary physical custody of the minor children with Mother enjoying liberal periods of temporary custody. Mother now seeks to have the existing Order modified and is requesting the Court to grant her primary physical custody. Mother feels it will be in the best interest of the minor children if she is the primary custodian. She asserts a variety of reasons for that position. Father is unwilling to change the existing custody arrangement and feels that he is providing a stable home environment for the children. 4. The parties are unable to reach an agreement and a hearing is The Conciliator recommends an Order in the form as required. attached. ~~rtX~. lroy, Esquire Custod~~iliator RUSSELL C. KULP, SR., Plaintiff V TRACY M. BARRICK (previously Kulp) Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : :NO: 2956 CIVIL 1994 : :IN CUSTODY COURT ORDER AND NOW, this ;~ day of March, 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Cou~t Room No. ~ of the Cumberland County. Courthouse on the ~'~ day of July, 1998, at ~ ~ ~ m. at which time testimony will be taken in the above case. At this hearing, the Mother, Tracy M. Barrick, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing Counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the hearing date. 2. Guidance Associates shall conduct a custody evaluation in this case as an independent evaluator. Both parties shall cooperate with the evaluation and shall ensure that the children are available for the evaluation. Guidance Associates may share the results of the evaluation with both parties. Cost of the evaluation shall be shared equally between the parties. 2. Pending further Order of this Court, the prior Custody Orders entered in this case shall remain in effect, subject to the following modifications: A. The Mother's period of temporary custody on Tuesday and Thursday evening shall commence when the children get home from school which is approximately 4:10 p.m. cc: For purposes of exchange of custody, the Father's girlfriend and the Mother's boyfriend can provide transportation for the children on those exchanges without the requirement that the Par~n? be present. Rebecca R. Hughes, Esquire~ ~~.~ James M. Bach, Esquire Russell C. Kulp, Sr. 367 McAlister Church Road Carlisle, PA 17013 RUSSELL C. KULP, SR., Plaintiff V TRACEY M. KULP, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW IN CUSTODY : :NO: 2956 CIVIL TERM 1994 : Prior Judge: GEORGE E. HOFFER CONCILIATION CONm'aa~ENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Russell C. Kulp, Jr. born July 12, 1987 and Tyler A. Kulp born January 24, 1989. 2. A Conciliation Conference was held on January 31, 1997, with the following individuals in attendance: The Mother Tracey M. Kulp, with her counsel, Shannon S. Piergallini, of the Dickinson School of Law Family Law Clinic, and the Father, Russell C. Kulp, Sr., with his counsel, James M. Bach, Esquire. 3. The parties agreed to the attached. DATE entry of an Order in the form as Hubert X. Gilroy,/Esquire Custody Concili~or 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 mentioned. WITNESS: RUSSELL C. KUL'P, SR. COMMON-WEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) 'b)< ( day "f%~/'::2 1995, before On this the .~,~/ ..... ¢% ' me, the undersigned officer, personally appeared Tracy M. Kulp, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Tracy L. Crull, Notary Public Cadisle Bore, Cumberland County My Commission Expires May 16, 1998 COMMONWEALTH OF PENNSYLVANIA ) ) ss COUNTY OF CUMBERLAND ) On this the, ?;.';/?day of~.,~.<t · ?,_~ , 1995, before me, the undersigned officer, personally appeared Russell C. Kulp, Sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~-'~"_ -- Notarial Seal ~ '~racy L. Crull. Notary Public C~ar/isle Bore, Ct.;rnber and Count~/ Commission Expires May 16, 1998 RUSSELL C. KULP, SR., Plaintiff V TRACEY M. KULP, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW IN CUSTODY : :NO: 2956 CIVIL TERM 1994 : Prior Judge: GEORGE E. HOFFER L CO T I .. AND NOW, this ~~ dali/' ,1997, upon consideration of ~he attached Custody~C~nciliati°n Report, it is ordered and directed as follows: 1. The Mother's Petition for civil contempt is dismissed by agreement of the parties. 2. This Court's prior Order of August 4, 1995, is modified as follows: A. Transportation shall be handled with the non-custodial parent picking the child up at the other parent's home. When Mother is exercising her temporary custody, she shall go to the Father's home to pick the children up and the Father shall then pick the children up the Mother's home at the end of her custody time. B. Paragraph 5 of the prior Order regarding birthdays is clarified such that both children shall go with each parent on one child's birthday so that the children are together on each other birthdays. C. Mother shall ensure that she provides adequate sleeping arrangements for both children when the children are in her custody. D. Mother's periods of temporary custody shall be as set forth in this Order and Mother shall make no unannounced visits to the children's home. The parties may mutually agree to expand Mother's time to allow her additional periods of temporary custody, but Mother shall not have any additional periods of temporary custody unless specifically agreed by the Father. Shannon S. Piergallini Dickinson School of Law Family Law Clinic RUSSELL C. KULP, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. i~ NO. 2956 - CIVIL - 1994 TRACY M. KULP, Defendant . CIVIL ACTION - CUSTODY _ ~RDER OF COURT, and AgreemenT~ is ~ereby made Order of attached stipulation a court and all prior Orders on this matter are hereby vacated. BY THE COURT, RUSSELL C. KULP, SR., : IN THE cOURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2956 - CIVIL - 1994 : TRACY M. KULP, : Defendant : CIVIL ACTION - CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day and year hereinafter set forth, by and between Tracy M. Kulp, (hereinafter referred to as "Mother") and Russell C. Kulp, (hereinafter referred to as "Father"). WHEREAS, Kulp, Jr., born July 12, 1987; and Tyler A. Kulp, 24, 1989, (hereinafter the ,,children"); and WHEREAS, the parties are presently separated separate residences; and WHEREAS, the parties wish to enter into the parties are the natural parents of Russell C. born January and living in an agreement relative to custody and partial custody of the child; and NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint or shared legal the children. 2. 3. follows: custody of Father will have primary physical custody. Mother will have periods of temporary partial custody as A. On alternating weekends from Friday at 6 P.M. until Sunday at 4 P.M. B. On two evenings per week, being Tuesday and Thursday evening from 5:00 p.m. until 8:30 p.m.; C. On alternating holidays to include New Year's Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving Day with the specific times to be agreed upon by the parties; D. For two weeks during the summer vacation months, with Mother providing Father with no less than thirty (30) days advance notice of her intention to exercise her two weeks of vacation; E. At other times as the parties may agree. 4. The parties shall alternate Christmas holiday by alternating the periods from Christmas eve at noon until Christmas day at noon and from Christmas day at noon until December 26th at noon, with Mother having the second period during Christmas 1995 and the first period during Christmas 1996. 5. The parties agree to alternate physical custody of the children on their birthdays. 6. The children shall always be with Father during Father's Day and shall always be with Mother during Mother's Day. This provision shall supersede all other provisions of this Agreement. 7. The parties will keep each other relative to any emergencies concerning the further take any necessary steps to insure well-being of the children is protected. children advised immediately children and shall that the health and Neither parent shall do anything which may estrange the from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 9. 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 as this stipulation and Agreement. 10. The parties desire that this stipulation and Agreement be made an Order of Court to the Court of Common Pleas of cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 11. has been no fraud, concealment, overreaching, coercion, unfair dealing on the part of the other. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. The parties agree that in making this Agreement, there or other VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C,S. § 4904 relating to unsworn falsification to authorities. RUSSELL KULP, SR., :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :IN CUSTODY TRACY BARRICK, Defendant/Petitioner :NO. 94-2956 CIVIL TERM CERTIFICATE OF SERVICE I, Erin L. Benson, Certified Legal Imern, do hereby certify that I am serving a tree and correct copy of a Petition to Modify Custody Order on Russell Kulp, Sr., at 279 Meadows Road, Newville, PA 17241, by depositing a copy of the same in the United States Mail, first class, postage prepaid, on this 18~ day of July, 2003. Date Erin L. Benson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 RUSSELL KULP, SR., Plaintiff/Respondent TRACY BARRICK., Defendant/Petitioner G:IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION..LAW :NO. 94-2956 CIVIL TERM PRAEClPE TO PROCEED IN FORMA PAUPERIS Kindly allow Tracy Barrick, defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date: July 18, 2003 Respectfully submitted, Erin L. Benson Certified Legai Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 SEP 1 8 2003 RUSSELL C. KULP, SR., Plaintiff v TRACY M. BARRICK, Defendant : IN THE COUR3r OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 1994 - 2956. CIVIL : IN CUSTODY CO~TO~ER AND NOW, this ~V-day of September, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled i~n~ Courtroom N~O~ 2 of the Cumberland County Courthouse on the ~7~ day of (~fP~ff~ , 2003, at /~.~E) /O .M. At this hearing, the Mother, Tracy Barrick, shall be the moving party and shall proceed initially wilh testimony. Counsel for the parties, or the parties if they do not have an attorney, shall file with the court a memorandum setting forth the history of custody in this case, the issues currently before the court, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. CC; Erin L. Benson Pending further order of this court, this court's existing order of March 19, 1998 shall remain in effect subject to the understanding that Mother shall enjoy temporary physical custody of the minor children on alternating weekends from Friday at 4:00 p.m. until Sunday at 7:00 p.m. The weekends shall start on Friday, September 12, 2003. Pursuant to this court's prior order of August 5, 1998, Mother shall handie transportation for exchange of custody unless Father agrees to participate in that transportation. Russell Knip, Sr. 279 Meadows Road Newville, PA 17241 Edgar B. Bayley(..~ RUSSELL C. KULP, SR., Plaintiff TRACY M. BARRICK, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAN]D COUNTY, PENNSYLVANIA : :CIVIL ACTION- LAW : : NO. 1994- 2956 CIVIL : IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND 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: Russell C. Kulp, Jr., born July 12, 1987; and Tyler A. Knip, born January 24, 1989. A Conciliation Conference was held on September 5, 2003, with the following individuals in attendance: The Mother, Tracy M. Barrick, with her representative, Erin L. Benson, of the Dickinson School of Law Family Law Clinic; and the Father, Russell C. Kulp, Sr. who appeared without counsel. The existing Order provides Father having primaEg physical custody of the minor children. Mother is now seeking primary physical custody suggesting the children have indicated a desire to live with her. Father suggests to the contrary, and a hearing is necessary. Pending a hearing, the conciliator recommends that the court adopt an order specifically providing for Mother to have alternating weekends with the children so there is no misunderstanding with respect to a visitation schedule. 4. The conciliator recommends the entry of an order in the form as attached. RUSSELL KULP, SR., Plaintiff/Respondent TRACY BARRICK., Defendant/Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION-LAW : :NO. 94-2956 CIVIL TERM .PRAECIPE TO DISMISS DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER To the Prothonotary: Kindly dismiss the Defendant's Petition to Modify Custody Order in this matter, filed on July 18, 2003. Date: /D ///'7 /0 3 Erin L. Benson Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 RUSSELL KULP, SR., Plaintiff/Respondent TRACY BARRICK., Defendant/Petitioner :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION-LAW :NO. 94-2956 CIVIL TERM CERTIFICATE OF SERVICE I, Erin L. Benson, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Praecipe to Dismiss the Defendant's Petition to Modify Custody Order on Russell Kulp, Sr., Plaintiff/Respondent, by regular United States mail this / ~day of _. ~ ~ , 2003 at 279 Meadows Road, Newville, Pennsylvania, 17241. Erin L. Benson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968