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18
IN THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
STATE OF ~~ PENNA.
BARRY LYNN BUPP
"i u, 9~-5074 civiJ
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Plaintiff
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LINDA RAE BUPP
Defendant
DECREE IN
DIVORCE
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AND NOW, ""'" l~,,,~,Z.,'1,,,,,,,,, 19'~" it Is ordered and
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BARRY LYNN BUPP
, , , , , ' , " plaintiff,
, , , , , " defendant,
decreed that ,""
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LINDA RAE BUPP
are divorced from the bonds of matrimony,
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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;
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Addendum dated June 14, 1995, is in=rporated but not IT'Crged into this Decree.
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By Th:' ~'(( ,o~L.
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NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
undertakings herelnatter set forth, and for other good and valuable consideration, receipt and
sufficiency of which Is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each Intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Coun..l: The parties hereto acknowledge that each has been nollfled of
his .:lr her right to consult with counsel of his or her choice, and have been provided a copy of this
egreement with which to consult with counsel. HUSBAND Is represented by Carol J. Undsay,
Esquire, and WIFE, has been advised that he may be represented by counsel of his choice. Each
party acknowledges and accepts that this agreement Is, In the circumstances, fair and equitable,
and that It IS being entered Into freely and voluntarily, atter having received such advice and with
such knowledge as each has sought from counsel, and that execution of this agreement Is not the
result of any duress or undue Influence, and that It Is not the result of any Improper or Illegal
agreement or agreements.
2. Divorce: The parties agree to the entry of a Decree in Divorce. The parties will
execute, after the passing of 90 days from the date of this agreement, Affidavits of Consent under
Secllon 3301 (c) of the Divorce Code, consenting to the entry of a Decree In Divorce.
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3. PerIanal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property so that WIFE shall receive those Items set out on
Exhibit "A", WIFE will retain the 1986 Sprint, and HUSBAND will transfer to her all his right, title and
Interest In said vehicle at such time as the vehicle may be transferred pursuant to the regulations
of the Pennsylvania Department of Transportation. HUSBAND will retain the motorcycle, his credit
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union account, and any employment benefits which he may have, Including but not limited to, his
pension.
HUSBAND will also retain the parties' mobile home. WIFE will execute any and all
documents necessary to transfer to HUSBAND any Interest which she may have In the mobile
home. Along with the mobile home, HUSBAND shall retain all of the furnishings In the mobile home
on the date of this Agreement. WIFE shall obtaln from Barry Clark a waiver of any Interest he has
In said furnishings.
All the remainder of the parties' personal property shall be the individual property of
the party'in-whose pO,ssesslon It Is as of the date of this Agreement.
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4. Alimony: The'fartles waive any claim that they may have one against the other for
alimony or spousal supp-or!. The parties acknowledge that each has sufficient assets with which
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to maintain themselves after divorce.
5. Marital Debt: The parties have, In their own names, certain credit card accounts
which may Include some marital debt. Each party will be responsible for the debt on the credit card
accounts In his or her name. Each party will Incur no debt for which the other may be liable, and
will Indemnify and hold the other harmless for any debt so incurred. HUSBAND will be responsible
for the back lot rent, the electric bill and the telephone bill.
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6. Custody: The parties are parents of two children; Tonya Lee Bupp, born June 18,
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1976, and Jamie Lee Bupp, born January 6,1983. HUSBAND shall have primary physical and legal
custody of said children, and WIFE shall have partial custody according to terms set out on a
Stipulation executed by the parties on the same date of this Agreement.
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7. ModificatIon: No modification, rescission, or amendment of this agreement shall be
effective unless In writing signed by each of the parties hereto.
8. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
9. Agreement Binding on Parties and Heirs: this agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors In any Interest of the parties.
10. Agreement Not to be Merged: This agreement shell be Incorporated Into the final
decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shell not
be merged Into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and In addition, shall retain any remedies In law or In equity
under this agreement as an Independent contract. Such remedies In law or equity are specifically
not waived or released.
11. Documents: The parties hereto agrAe that they will execute and deliver one to the
other any documents necessary to give effect to the terms of this Agreement.
12. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of such other, for all time to come,
and for all purposes whatsoever, of and from any and all rights. titles, Interests or claims In or
against the property (Including Income and gain from property hereafter accruing, of the other) or
against the estate of such other, of whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may h..lve against such other, the estate of such other or any part
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thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other,
or by way of dower or curtesy, or claims In the nature of dower or curtesy, or widows' or widowers'
rights, family exemption or similar allowance, or under the Intestate laws, or the right to take against
the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may
have, or at any time hereafter have, for past, present or Mure support or maintenance, alimony,
alimony pendentlJ lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or before the breach of any
thereof. It Is the intention of HUSBAND and WIFE to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and
only except, all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement, or for the breach of any thereof, lubJect, however, to the
Implementation and satisfaction of the condition precedent as set forth herein above.
13. BREACH: In the event that either party breaches any provision of this Agreement, he
or she shall be responsible for any and all costs Incurred to enforce the Agreement, Including, but
not limited to, court costs and counsel fees of the other part. In the event of breach, the other party
shall have the right, at his or her election, to sue for damages for such breach or to seek such other
and additional remedies as may be available to him or her.
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EXHIBIT "1\"
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BARRY LYNN BUPP,
PlaInt'"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACnON . DIVORCE
VI.
Defendant
NO. 84. ~,/7'-1
IN DIVORCE
CIVIL TERM
UNDA RAE BUPP,
AND now, this
101. tL day of
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. 1994, upon conslderalion of the
within Stipulation, the terms thereof are made an Order of Court.
By the Court,
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and accepts that this Addendum, In the circumstances, Is fair and equitable, and that It Is being
entered Into freely and voluntarily, after each has had the opportunity to consult with counsel.
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Further, the parties agree that this Agreement Is not the result of any duress or undue Influence.
WIFE acknowledges that she Is competent to make this Agreement, and that she makes It with the
advice and consent of her attorneys at the Family Law Clinic.
WIFE further acknowledges that any psychological disability from which she may
have suffered In the past does not impair her ability to understand the terms of this Agreemont or
to execute a free and voluntary consent thereto.
2. Divorce: Concurrent with the execution Of this Agreement, and upon the Master
vacating his appointment, HUSBAND will file a Praecipe to Transmit the record to obtain the
Decree In Divorce.
3. Personal procerty: In addition to the personal property described In the Marital
Settlement Agreement of December 12,1994, HUSBAND will transfer to WIFE $1,000.00 upon his
receipt of a Decree in Divorce. Contingent upon WIFE's cooperation In filing with HUSBAND an
amended 1994 Federal Income Tax Return, the refund of which will be the sole and separate
property of HUSBAND, HUSBAND will pay to WIFE an additional $2,000.00. Said payment will be
made within five (5) days of the receipt of the refund anticipated by the 1994 amended tax return.
In no event, however, shall HUSBAND's obligation to pay WIFE the additional $2,000.00 be
contingent upon his receiving that amount, or any amount, from the Internal Revenue Service.
Additional to the two payments described above, HUSBAND will pay to WIFE $100.00
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upon the entry of a Decree In Divorce Be one-halt the cost of a new vacuum cleaner.
Additionally, HUSBAND will provide to WIFE on the first occasion of partial custody
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of the parties' daughter, Jam, two boxes of movies which were located In her car at a period after
separation.
4. Custody: The custody of the parties' children Is determined by Court Order. That
Order supersedes the provision regarding custody in the December 12, 1994 Agreement of the
parties.
5. Pension and Health Care: WIFE specifically walves any Interest she might have In
HUSBAND's pension through the Central Pennsylvania Teamster's Pension Fund. WIFE waives
any claim she may have against HUSBAND for contribution to the cost of her health care from
September 1, 1994 to the present. WIFE will Indemnify and hold HUSBAND harmless on account
of the claims of any health-care providers for medical or psychological services provided to WIFE
since the date of separation. Nothing In this Agreement prevents WIFE from making any claim for
payment of health-care costs against any Insurance company under which WIFE has coverage.
IN WITNESS WHEREOF, the parties hereto, Intending to be legally bound hereby have
hereunto set their hands and seals the d~y and year first above written.
Witness:
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/ "" Uncla Rae Bupp
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COMMONWEAL TH OF PENNSYL VANIA
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COUNTY OF CUMBERLAND :. )
ON this, the ~ /4''''' day of '1._ 199'~ before
me, the undersigned o"lcer, personally appeared BA~ L VNN BUPP whose name Is subscribed
to the within Instrument, and acknowledged that he cuted the same for the purposes therein
contained.
: 88.
IN witness whereof, I hereunto set my hand and o",cl8/ se8/.
NOTARIAL SEAL
TERESA J, BURKHOlDER, Netary Mle
Carlisle, Cumberland Counly, PI.
My Commission expires Feb, 12, lOge
COMMONWEAL TH OF PENNSYL VANIA
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COUNTY OF CUMBERLAND :
ON this, the / .;)1- day of ( , '/uL- 199L before
me, the undersigned officer, personally appeared 4 DA RAE BUPP whose name Is subscribed
to the within Instrument, and acknowledged that she' ecuted the same for the purposes therein
contained.
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IN witness whereof, I hereunto set my hand and official seal.
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NotarY Public
NOTARIAl. SEAl
PMIILA R, KNOWlTON, Nolo,y PublIC
tort... Cumberland Counly
Mp CommIUlan Ill,",. No"mber 9, I ~96
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BARRY LYNN BUPP.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 94. 5074 CIVIL TERM
Plaintiff
VI.
LINDA RAE BUPP,
Defendant
IN DIVORCE
rmII.CE
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 fall 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 other rights Important to you, Including
custody or visitation of your children.
When the ground for the 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 Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWVERS
FEES OR EXPENSES BEFORE A DECREE OF 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 LAWVER 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 Court House
Carlisle, Pennsylvania 17013
(717) 240-8200
c:'~p'I\cJI\dh'Qltt\bupp.com IU.,
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Defendlnt
IN THE COURT OF COMMON PLEAI OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. 94. 15074 CIVIL TERM
IN DIVORCE
BARRY LYNN BUPP,
Plelntl"
VI.
LINDA RAE BUPP,
BeE
Barry Lynn Bupp, Plaintiff, by his attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY,
respectfully represents:
1. The Plaintiff Is Barry Lynn Bupp, who currently resides at 52 Mountain View Terrace,
Newville, Cumberland County, Pennsylvania, for a period in excess of six months prior to the filing
of this Complaint.
2. The Defendant Is Unda Rae Bupp, who currently resides at Burkholder's Mobile Home
Park, Lot" 8,570 Shed Road, Newville, Cumberland County, Pennsylvania, since August 22,1994.
3. The Plaintiff and Defendant both have been bona fide residents In the Commonwealth of
Pennsylvania for at least six months Immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 2, 1977, at Mechanlcsburg,
Pennsylvania.
5. That there have been no prior actions 01 divorce or for annulment between the parties In
this or In any other Jurisdiction.
6. The Plaintiff avers that he Is entitled to a divorce on the ground that the marriage Is
Irretrievably broken and Plaintiff Is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code.
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BARRY LYNN BUPP,
Derendant
IN mE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'IY, PENNSYLVANIA
CIVIL ACl'ION . DIVORCE
NO. 94. S074 CIVIL TERM
IN DIVORCE
Plalntltr
va.
LINDA RAE BUPP,
AND now, this
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day of X; r: l!'i It t 1 Yo v . 1994, I, Carol J. Lindsay, Esquire, of
the law firm of FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys, hereby certify that 1
served the within Amended Complaint in Divorce this day by depositing same in the United States Mail,
First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Kathryn Price, Student
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
FLOWER, MORGENTHAL i"LOWER & LINDSAY
Attorneys ror Plalntltr
By:
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(,1ft C;;)- \-'\ ~ ,
.:.' Carol J. Lindsa~squire
ID # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
BARRY L. BUPP,
Plaintiff/Respondent
LINDA R. BU!>P,
Defendant/Petitioner
: NO, 94-5074 CIVIL TERM
PETITION FOR SPECIAL RELIEF PURSUANT TO RUl,E 1915.13
Petitioner, Linda R, Bupp, by and through her allorneys, the Family Law Clinic,
petitions this Court for special relief pursuant to Pa,R.C,P. 1915.13 for delivery of the parties'
minor child's personal belongings,
1. Petitioner is Linda R, Bupp, currently residing at 53 South High Street, Apartment
4, Newville, Cumberland County, PA 17241.
2. Respondent is Barry L. Bupp, currently residing at 52 Mountain View Terrace,
Newville, Cumberland County, PA 17241.
3. Petitioner and Respondent are parents of minor child, Jamie Lee Bupp, born
January 6, 1983.
4. Petitioner and Respondent are divorced by decree dated June 29, 1995.
5. The minor child has been in the physical custody of Petitioner since July 22,
1996,
6. Petitioner through her allorneys, the Family Law Clinic, filed a Petition for
Modification of Custody Order on August 16, 1996, That petition requests that the existing
.
Custody Order of December 28, 1995, as modlt1ed in part on April 13, 1996, be modit1ed to
rellect the status quo.
7, On September 17, 1996 Respondent telephoned Petitioner's allorneys and stated
that he would sign a custody agreement that provides him with no periods of physical custody.
8. Petitioner has made numerous requests to Respondent to provide the minor child
with her personal belongings, These requests were made on:
a, August 16, 19'16 by leller from Petitioner's attorney to Respondent's attorney
in the support mailer;
b, August 27, 1996 at a support conference,
c, On or about August 31, 1996 by note from the minor child left on the door
of Respondent's home;
d. September 2. 1996 by leller from Petitioner's attorney to Respondent's
allorney In the support matter;
e. September 10, 1996 by leller from Petitioner's attorney to Respondent's
allorney in the support matter;
f, On or about September 17, 1996 by leller from Petitioner to Respondent;
g, September 20, 1996 by letter from Petitioner's attorney to Respondent. In this
letter, Petitioner's attorneys stated tbat a court order would be requested if he bas not delivered
or made arrangements to deliver the requested items by September 24. 1996.
9, The only response to the requests was received from Respondent's attorney in a
letter of September 13,1996, In this letter Respondent's attorney stated that she had passed the
.
request onto her client, that hcr clicnt understood thc rcquest, but that hcr clicnt has not
authorized hcr to mnke n rcsponsc, Subsequently, on Scptembcr 18, 1996, during a telephone
conversation with the Fnmily Law Clinic. Rcspondcnt's allorney in thc support mailer gave the
Family Law Clinic cxprcss pcrmlssion to contact Rcspondent dln:ctly rcgarding the child's
personal belongings,
10. Thc items to be dclivcrcd from Rcspondcnt's homc Includc:
a. Eyeglasscs;
b. Long-slecvc-shlrts. pants, additional clOlhlng, and shoes;
c. Jackcts and coats;
d. Word processor;
e. Single bed:
f. Stereo;
g. Dresser and nightstand;
h. Small portable telcvision with sland;
i. bicycle; and
j, other personal property,
11. The child needs her eyeglasses in order to complete school assignments and needs
her clothing in light of the approaching colder weather,
12. Petitioner's income is limited to $4()() per month and she is unable to purchase
replacement items,
WHEREFORE, Petitioner respectfully requests this court to grant Petitioner's request for
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Bl\RRY LYNN EllPP, I IN THE COURT OF COMMON PLEM; OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIl. ACTION - LAW
I
VB. I NO'. 5074 C rvIl. t994
LINDA ME EllPP, I
Defendant I IN DIVORCE
STATUS SHEET
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OFFICI OF DIVORCI MASTlR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
I. Robert IlIeker, II
Divorce MOGler
Trael 010 Colw.r
OIl1ce Manager/Reporter
We.t Iho...
697.0371 Exl, 6535
December 8, 1994
Carol J. Lindsay
Attorney at Law
FLOWER, MORGENTHAL, FLOWER
, LINDSAY
11 East High Street
Carlisle, PA 17013
RE: Barry Lynn Bupp vs. Linda Rae Bupp
No. 94-5074 Civil Term
In Divorce
Linda Rae Bupp
Burkholder's Mobile Home Park
Lot 8
570 Shed Road
Newville, PA 17241
Dear Ms. Lindsay and Ms. Bupp:
By order of Court of President JUdge Harold E. Sheely
dated Novembe~ 28, 1994, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on September 8, 1994,
raising grounds for divorce of irretrievable breakdown. On
November 18, 1994, an amended complaint was filed raising
additional grounds for divorce of adult~ry and indignities to
the person. No economic claims have been raised in the action;
however, based on the information provided by the motion for
appointment of Master it appears as if the grounds for divorce
are at issue. I am writing to inquire of Linda Rae BUPp as to
whether or not she is agreeable to signing an affidavit
consenting to the divorce under section 3301(c) of the Domestic
Relations Code. If I have not heard from Ms. Bupp within ten
(10) days of the date of this letter indicating her willingness
to consent to a divorce, I will schedule a hearing on the other
grounds raised in the action, namely, adultery and indignities
to the person. I assume the parties are not close to a two year
the stetement will include e specitic plan tor trying to come to
a resolution ot those issues.
Should counsel be unable to resolve the issues
stated in accordance with their plan, then counsel are going to
request that the Master schedule a hearing on allot the issues
that have been identified. Mrs. Lindsay.
MS. LINDSAY: We have agreed that if I can show Mr.
Peeler that the cost of Mrs. Bupp's medication is covered by
welfare, then Mrs. Bupp will relinquish any claim that she has
on my client's pension and will go forward on the petition for
bifurcation which had been previously agreed upon by the
parties.
In any event, Mr. Peeler will file the affidavit of
consent today.
Even if the matter is resolved in this manner,
pending issues claimed by Mrs. Bupp are limited, as far as I
know, to marital debt allegedly owed by Mr. and Mrs. Bupp to
Mrs. Bupp's family.
For the record, we should note that these
,
matters, from the point of Mr. Bupp, have been settled by a
marital settlement agreement of December 12, 1994.
In the event that it appears that welfare does not
cover Mrs. Bupp's medication costs, the parties will determine,
between themselves, the most appropriate manner for getting the
husband's claims that all economic issues have been resolved in
a marital settlement agreement before the Court.
In the event that the matter proceeds on a petition
for bifurcation and a div~rce decree is entered the deer.. will
only preserve issues involving alledged debt of the parties,
however, husband's claim regarding the settlement of all issues
will not be affected by the preservation of any matters in the
divorce decree.
MR. PEELER: If I could just clarify. Our position
would be that we would want our client to be covered for both
major medical and prescription costs whether that be through
Carol's discovery of a provision within the county system to pay
for both major medical and prescriptions or through an agreement
with her client, which must come later, to pay for the costs of
maintaining his insurance through his employer for a period of
three years, covering both major medical and prescriptions.
If either one of those contingencies or any
variation in either contingency to lead to full coverage for my
client is reached, we will relinquish our claims on Mrs.
Lindsay'S client's pension.
As to the marital settlement agreement, previously
mentioned, it is the position of the Family Law Clinic that that
"agreement" will be found to be a nullity in a court of
competent jurisdiction. Further, the characterization that that
debt was owed by both Mr. Bupp and Mrs. Bupp to Mrs. Bupp's
family is incorrect. It is our position that that is a sole
debt owed by Mr. Bupp to members of Mrs. Bupp's family outside
the marital realm.
(A discussion was held ott the record.)
MS. LINDSAYt In the light ot the assertion ot the
Family Law Clinic that allot the debt allegedly owed to Mr..
Bupp's tamily is owed by Barry BUpp alone, said debt would not
be marital debt and, theretore, would not be subject to
equitable distribution by the Court, and any hearing by the
Master on that issue would not be necessary. Furthernlore, it
that were tho only issue remaining, and it the medical health
insurance issues can be resolved, then there should be no reason
tor there not to be a full and complete settlement of this case
and a waiver of all economic claims by Mrs. Bupp. Am I correct
on that?
MR. PEELER: That is correct, to cover both of my
assertions. Now, given my admitted imperfect knowledge of the
case, I would not be able to represent that. There would not be
any other economic claims in the view of the Family Law Clinic.
I can represent that there are no other claims that I am aware
of beyond the medical issue and the independent debt issue.
And it there were any other minor claims, it would only be minor
and could be resolved by agreement between counsel.
I just want to make sure that I'm not forgetting
anything.
MS. LINDSAY: I understand your concern. However,
I think it's incumbent, you know, when we sit down and stipulate
that we stipulate with full knowledge of the facts of our
BARRY LYNN BUPP.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: IN DIVORCE
LINDA RAE BUPP.
Defendant
: NO, 94-S074
CIVIL 1994
CERTIFICATE OF SERVICE
I, Kathryn A. Price, Certitied Legal Intern. Family Law Clinic, hereby certify that I have
served a true and correct copy of said Praecipe to Enter Appearance on Plaintiff's allomey,
Carol ], Lindsay, residing at Flower, Morgenthal, Flower & Lindsay, 11 East High St.,
Carlisle, PA 17013-3016, by depositing a copy of the same in the United States mail, postage
prepaid, this 17th day of October. 1994.
,v
Kathryn A. Price
Certified Legal I
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94-5074
No.
Barry Lynn
civil 94
T'nD, 19
BUpp, Plaintiff
VI.
Linda Rae Bupp, Defendant
PRAECIPE
Filed 19
Kathryn A. Price
Thomas L. Peeler
SIIIdeoIAIt)'
Staff AUy
..
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The Family Law Clinic
45 North Pitt Street .
Carlisle, PA 17013 \',
717/240-5204 \,
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BARRY LYNN BUPP,
Plllntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
VI.
Defendant
NO. 84.
IN DIVORCE
CIVIL TERM
LINDA RAE BUPP,
CQMfLAINI
Barry Lynn Bupp, Plaintiff, by his attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY,
respectfully represents:
1. The Plaintiff Is Barry Lynn Bupp, who currently resides at 52 Mountain View Terrace,
Newville, Cumberland County, Pennsylvania, for a period In excess of six months prior to the filing
of this Complaint.
2. The Defendant Is Unda Rae Bupp, who currently resides at Burkholder's Mobile Home
Park, Lot /I 8, 570 Shed Road, Newville, Cumberland County, Pennsylvania, since August 22, 1994.
3. The Plaintiff and Defendant both have been bona fide residents In the Commonwealth of
Pennsylvania for at least six months Immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 2, 1977, at Mechanlcsburg,
Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between the parties In
this or In any other Jurisdiction.
e. The Plaintiff avers that he Is entitled to a divorce on the ground that the marriage Is
Irretrievably broken and Plaintiff Is proceeding under Sections 3301 (e) and/or (d) of the Divorce
Code.
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'IN THE COURT OF COMMON PLEAS OF
'CUMBERLAND COUNTY, PENNSYLVANIA
,
rNO. 5074 - CIVIL - 1994
,
,
,CIVIL ACTION - CUSTODY
LINDA R. BUPP,
Plaintiff
BARRY L. BUPP,
Defendant
COURT ORDER
AND NOW, this ~day of jQ "^,: I , 1995, upon
the attaohed Custody Co~Report, it
directed as followsr
1. The Mother, Linda R. Bupp, and the Father, Barry L. Bupp, shall
enjoy shared legal oustody of Tanya Lee BUpp, born January 18,
1976, and Jamie Lee Bupp, born January 6, 1983.
oonsideration of
is ordered and
2. The Father shall enjoy primary physical oustody of the minor
ohildren.
3. The Mother shall enjoy temporary physical custody of the minor
children as follows:
A. On alternating weekends from Friday after school until
Sunday at 6 P.M.
B. Every Wednesday ovening from after school until 7 P.M.
C. For two weeks in the summer months to be non-consecutive
and at such times as agreed upon by the parties.
D. Such other times as the parties may agree.
4. Father shall provide transportation for exchange of custody
during the time frame in which the Mother is unable to provide
that transportation. Upon Mother being able to provide
transportation, she shall provide exolusive transportation for
exchange of custody for a similar period of time, after whioh
the parties shall share transportation. Mother shall verify
existence of a driver's license and appropriate insurance
information to the Father.
5. Mother agrees to communicate with the children in connection
with the children's desires on spending time with the Mother
and Mother will favorably consider the children's reasonable
requests to modify the custody schedule outlined above.
1lI."44~1
~
BARRY LYNN BUPP, . IN THE COURT OF COMMON PLEAS OF
.
PlaIntiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
VI. ~ . CIVIL ACTION. DIVORCE
.
.
NO. 94. 5074 CIVIL TERM
LINDA RAE BUPP, .
.
Defendant . IN DIVORCE
.
THIS Agreement Is made this I t./ 'Itt day o~ -
by and between BARRY LYNN BUPP, of Cumberland Moty, Pennsylvania,
, 1995
hereinafter
HUSBAND, and LINDA RAE BUPP, of Cumberland County, Pennsylvania, hereinafter WIFE.
WITNESETH:
WHEREAS, the parties hereto are husband and wife, having been Joined In marriage on
November 22, 1977 in Mechanicsburg, Pennsylvania; and
WHEREAS, It Marital Settlement Agreement was entered Into by the parties on December
12, 1994; and
WHEREAS, Wife, through her coun~el, has challenged the validity of the Marital Settlement
Agreement.
NOW, THEREFORE, In consideration of the mutual promises contained herein and
Intending to be legally bound, the parties hereto hereby covenant and agree as follows:
1. ~dvlce of Counsel: HUSBAND Is represented by Carol J. Undsay, Esquire. WIFE
is represented by the Family Law Clinic of Dickinson School of Law. Each party acknowledges
.:\b.pp,.~.. n,. tI ....~l
and accepts that this Addendum, In the circumstances, Is fair and equitable, and that It Is being
entered Into freely and voluntsrfly, after each has had the opportunity to consult with counsel.
.,
Further, the parties agree that this Agreement Is not the result of any duress or undue Intluence.
WIFE acknowledges that she Is competent to make this Agreement, and that she makes It with the
advice and consent of her attomeys at the Family Law Clinic.
WIFE further acknowledges that any psychological disability from which she may
have suffered In the past does notlmpalr her ability to understand the terms of this Agreement or
to execute 1!I free and voluntary consent thereto.
2. Clvorce: Concurrent wf1h the execution of this Agreement, and upon the Master
vacating his appointment, HUSBAND will tile a Praecipe to Transmit the record to obtain the
Decree in Divorce.
3. Personal Prooertv: In addition to the personal property described In the Marital
Settlement Agreement of December 12, 1994, HUSBAND will transfer to WIFE $1,000.00 upon his
receipt of a Decree In Divorce. Contingent upon WIFE's cooperation In tiling with HUSBAND an
amended 1994 Federal Income Tax Retum, the refund of which will be the sole and separate
property of HUSBAND, HUSBAND will pay to WIFE an additional $2,000.00. Said payment will be
made within five (5) days of the receipt of the refund anllclpated by the 1994 amended tax retum.
In no event, however, shall HUSBAND's obllgallon to pay WIFE the addltfonal $2,000.00 be
contingent upon his receiving that amount, or any amount, from the Internal Revenue Service.
Additional to the two payments described above, HUSBAND will pay to WIFE $100.00
2
upon the entry of a Decree In Divorce as one-half the cost of a new vacuum cleaner.
Addltlonally, HUSBAND will provide to WIFE on the first occasion of partial custody
'.
of the parties' daughter, Jam, two boxes of movies which were located In her car at a period after
separallon.
4. Custody: The custody of the parties' children is determined by Court Order. That
Order supersedes the provision regarding custody In the December 12, 1994 Agreement of the
parties.
5. Pension and Health Care: WIFE specifically waives any Interest she might have In
HUSBAND's pension through the Central Pennsylvania Teamster's Pension Fund. WIFE waives
any claim she may have against HUSBAND for contribution to the cost of her health care from
September 1, 1994 to the present. WIFE will Indemnify and hold HUSBAND harmless on account
of the claims of any health-care providers for medical or psychological services provided to WIFE
since the date of separation. Nothing In this Agreement prevents WIFE from making any claim for
payment of health-care costs against any insurance company under which WIFE has coverage.
IN WITNESS WHEREOF, the parties hereto, Intending to be legally bound hereby have
hereunto set their hands and seals the day and year first above written.
Witness:
,
The FamUy Law Clinic
By: Thomas Peeler. Esquire
E~LiB~
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LINDA R, BUill'.
I'luhulff
: IN TilE COURT OF COMMON I)I.EAS OF
: CUMBEltLANI> COUNTY, IIENNSYLV ANIA
v,
: CIVIl. ACTION - LAW
: IN CUSTODY
BARRY 1.. BUill'
Defendulll
: NO, 94-5074 CIVIL TERM
ORm:R 01" COlIR'(
AND NOW, this day of . 1995. upon consideration of the auached
complaint, it Is hereby directed that the parties and their respective counsel appear before,
\~\., but ~. (,. l/".'(tlfe 't~i1cillator. at J, '<lit II r jOh . Cumberland County Courthouse,
on the )~'flllay of P,'(f,,(1995, at/'xx' 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, Either p.trty may bring the child(ren) who is the subject of this custody action
to the conference. but the child/children's allendance is not mandatory, Failure to appear at the
conference may provide grounds for entry of a temporary or permanent order,
FOR THE COURT:
By: :J/~ik-b~t~~,-
Custody Co6ciliator I'.Y' ~J
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
CARLISLE, PA 17013
717/240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland Coul1ly 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 auend the scheduled conference or hearing,
Nay , J ~~ PH '95
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LINDA R. "UPP,
Petitloner/Defemlant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
IN CUSTODY
BARRY L, BUPP.
Respondent/Plaintiff
NO, 94-5074
CIVIL 1994
PETITION FOR MODWICATION ()J<' A I>ARTIAL CUSTOI)Y ORDER
The petitioner. hy counsel. herehy requests the modification of the custody Order entered
in this mallei', and in SuppoJ'lthereof states the following:
1, On April 13. 1995. an Order of Court was enwred grallling the petitioner partial custody
of her minor daughter. Jamie Lee nupp. horn on January 6. 1983, a true and correct copy of
which is allached;
2, The said Custody Order provides that petitioner Linda Bupp shall enjoy partial custody
of the minor daughter on alternating weekends, heginning after school on Friday until 6 P,M,
on Sunday. as well as on every Wednesday ulllil 7 P,M, In addition, the Order provides that
the periods of partial custody can he expanded pursualllto an agreemelll hetween the mother and
the father;
3, Petitioner has sought to work out additional periods of custody, The father has refused
to provide additional opportunity for the mother to see the minor daughter during times when
the mother and daughter would like to he together. In addition. the father has not permilled the
mother to communicate with the daughter on the telephone during times when hoth the mother
and the daughter arc willing and allle to so communicate,
WHEREFORE, Petltiuner requeMs that the Court modify the existing Order for Partial
Custody os said l1lodil1cotloll will he In the best interests of the child.
Date
'Ad/h~
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/ /
'Z
Artur Korn luk
Certified Legal Intern
L~~
ROBERT E. RAINS
THOMAS M, PLACE
KATHERINE PEARSON
Supervising Attorneys
GAIL R, SHEARER
Stoff Attorney
FAMILY LAW CLINIC
45 North Pill Street
Carlisle. PA 17013
(717) 243-2968
. -
.c....
LINDA R. BUPP,
Plaintiff
v
IIN THE COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
INO. 5074 - CIVIL - 1994
I
I
ICIVIL ACTION - CUSTODY
BARRY L. BUPP,
Defendant
COURT ORDER
AND NOW, this.1..2....~ayOf [L/o..~. ,1995, upon
the attached Custody CO~Report, it
directed as followsI
1. The Mother, Linda R. Bupp, and the Father, Barry L. Bupp, shall
enjoy shared legal custody of Tanya Lee Bupp, born January 18,
1976, and Jamie Lee Bupp, born January 6, 1983.
consideration of
is ordered and
2. The Father shall enjoy primary physical custody of the minor
children.
3. The Mother shall enjoy temporary physical custody of the minor
children as follows:
A. On alternating weekends from Friday after school until
Sunday at 6 P.M.
B. Every Wednesday evening from after school until 7 P.M.
C. For two weeks in tha summer months to be non-consecutive
and at such times as agreed upon by the parties.
D. Such other times as the parties may agree.
4. Father shall provide transportation for exchange of custody
during the time frame in which the Mother is unable to provide
that transportation. Upon Mother being able to provide
transportation, she shall provide exclusive transportation for
exchange of custody for a similar period of time, after which
the parties shall share transportation. Mother shall verify
existence of a driver's license and appropriate insurance
infor.mation to the Father.
5. Mother agrees to communicate with the children in connection
with the children's desires on spending time with the Mother
and Hother will favorably consider the children's reasonable
requests to modify the custody schedule outlined above.
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LINDA R. BUPP,
Plaintiff
CU',:
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", . f,-(\r)',TY
..), I,
;',1 ',',' ,'I 'IN THE COURT OF CONNON PLBAS OF
,CUMBERLAND COUNTY, PENNSYLVANIA
,
,NO. 5074 - CIVIL - 1994
,
v
BARRY L. BUPP,
Defendant
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
=tl.
AND NOW, this ~,. day of December, 1995, upon consideration of the
attached Custod:Y"Conciliation Report, it is ordered and directed as
follows:
1. This Court's prior Order of April 13, 1995, is hereby
ratified and shall remain in effect subject to the
following modifications:
A. Paragraph 3(A} of the prior Order is modified to read
as follows:
Mother shall have temporary custody on every weekend
from Friday after school until Sunday morning at 9 A.M.
B. Mother shall, in addition to the periods of temporary
custody set forth in the prior Order, have temporary
custody of the minor child after school on Tuesday
and Thursday evenings until the next morning as long
as the minor child is attending basketball practice/
games and Mother is z'equired to be available to provide
transportation to those games/practices. Once the
basketball season ends and assuming no agreement
between the parties, the provision for the Mother
seeing the child on Tuesday and Thursday evenings shall
be eliminated.
2. For transpoz'tation, Mother shall make arrangements to take
custody of the child after school on those days that the child
is in school. When the child is not in school, Father shall
provide transportation and on Sunday morning Father shall
also provide transportation for exchange of custody.
3. On those Friday and Saturday evenings that Mother has custody
and in the event that Father notifies Mother by Tuesday
evening of a specific weekend evening that Father is off
work and desires to have custody of Jamie, Mother shall
cooperate with Father in modifying the schedule and allow
Father that weekend evening that he is off work to have
....#-[,., I....
DARRY L, DUPP,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMDERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION. I.AW
: IN CUSTODY
LINDA R, DUPP,
Defendant/Petitioner
: NO, 94.5074 CIVIL TERM
ORDER OF COURI
AND NOW, this ~ " I day of II, It}' /~ , , 1996, upon consideration of the aunched
complaint. it is hereby directed that the parties and their respective counsel appear before,
I/. ,/ , I I , " j i ' the conciliator, at III" I I." , Cumberland County Courthouse,
on the ./.., day of (.'1,1;" , 1996, at!.' 'Am.. for a Pre-Hearing Custody Conference, At
such conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the COUl't, and to enter into a
tempol'ary order, Either party may bring the child who is the suhject of this custody action to
the conference, but the child's attendance is not mandatory, Failure to appear at the conference
may provide grounds for entry of a temporary or permanent order,
FOR THE COURT:
I'Y', ; ( / \
) ,I, -/ J . 'I 'I'I~
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 YOll CAN GET LEGAL HELP,
OFFICE OF TilE COURT ADMINISTRATOR
COURTHOUSE, 4th Floor
CARLISLE, PA 17013
717/240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumherland County is required by law to comply with
the Americans with Disabilities Act of 1990, For information about accessihle facilities and
reasonable accommodations availahle to disabled individuals having business before the court,
please contacl our office, All nrrangements must be made at least 72 hours prior to ,my hearing
or business before the court. You must attend the scheduled conference or hearing,
"
2, During the btl~kethall ~eason, Ftlther left the minor child in the
custody of MOlher, three week nights instead of the tv:o week nights us provided for in the
Order;
3. During the summer of 1996, Father has dropped the minor child
ut Mother's home al his convenicnce, without regard for the child's need for slahility, wlthoul
regard f'or the child's schedule, ilnd without notice to Mother,
4, By IClll~r of June 10, 1996 to Mother's al101'lleys, Father re4uested
less timc with the minor child hy asking Mother to exercise physical custody of' the minor child
for nlternating one wcck pcriods so as to accommodate his interests, A copy of that tcller is
allached as Exhihit B.
b, Much to the dctriment of' the minor child, Father continues to cxpress
ungel' conccrning a Support Order of Septcmber 8. 1995, allached as Exhihit C, in which no
monctary amount of support W;\S entered against Mother, hy:
1, Refusing to allow the minor child to take shampoo, conditioncr, and
feminine hygicnc products from his home to Mother's home;
2, Rcfusing to allow the minor child to take clothing from his home
to Mother's home, making a list of all articlcs of' clothing that the child is wearing when she
leaves his homc to go to Mother's home, and searching daughter's hag for all clothing on that
list upon her return to his home;
3, Arriving late to resume his custody of thc minor child;
4, Routincly dropping minor child at Mother's home without regard
for the child or the Mothcr's schedule or plans;
5, Returning thc minor child, on July 22, 1996, to Mother's custody
'1
LINDA R. BUPP,
Plaintiff
v
, IN THE COURT OF CONNON PLBAS OF
'CUMBERLAND COUNTY, PBNNSYLVANIA
,
'NO. 5074 - CIVIL - 1994
:
BARRY L. BUPP,
Defendant
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this ';!'8-fi.aay of December, 1995, upon consideration of the
attaohed CustodyConciliation Report, it is ordered and directed as
follows:
1. This Court's prior Order of April 13, 1995, is hereby
ratified and shall remain in effect subject to the
following modifications:
A. Paragraph 3(A) of the prior Order is modified to read
as follows:
Mother shall have temporary custody on every weekend
from Friday after school until Sunday morning at 9 A.M.
B. Mother shall, in addition to the periods of temporary
custody set forth in the prior Order, have temporary
custody of the minor child after school on Tuesday
and Thursday evenings until the next morning as long
as the minor child is attending basketball practice/
games and Mother is required to be available to provide
transportation to those games/practices. Once the
basketball season ends and assuming no agreement
between the parties, the provision for the Mother
seeing the child on Tuesday and Thursday evenings shall
be flliminated.
2. For transportation, Mother shall make arrangements to take
custody of the child after school on those days that the child
is in school. When the child is not in school, Father shall
provide transportation and on Sunday morning Father shall
also provide transportation for exchange of custody.
3. On those Friday and Saturday evenings that Mother has custody
and in the event that Fa~her notifies Mother by Tuesday
evening of a specific weekend evening that Father is off
work and desires to have custody of Jamie, Mother shall
cooperate with Father in modifying the schedule and allow
Father that weekend evening that he is off work to have
EXHIBIT "Al"
.
LINDA R. BUPP,
Plaintilt
v
, IN 'l'HB COURT OF CONNON PLUS 0'
,CUHBBRLAND COUNTY, PBNNSYLVANIA
,
'NO. 5074 - CIVIL - 1994
,
,
'CIVIL ACTION - CUSTODY
BARRY L. BUPP,
Defendant
COt7R'l' ORDER
AND NOW, this ~~ay of rLb,~ , 1995, upon consideration of
the attached Custody CO~Report, it is ordered and
directed as follows,
1. The Mother, Linda R. Bupp, and the Father, Barry L. Bupp, shall
enjoy shared legal custody of Tanya Lee Bupp, born Januu'y 18,
1976, and Jamie Lee Bupp, born January 6, 1983.
2. The Father shall enjoy primary physical custody of the minor
children.
3. The Mother shall enjoy temporary physical custody of the minor
children as follows,
A. On alternating weekends from Friday after school until
Sunday at 6 P.M.
B. Bvery Wednesday evening from after school until 7 P.M.
C. For two weeks in the summer months to be non-consecutive
and at such times as agreed upon by the parties.
D. Such other times as the parties may agree.
4. Father shall provide transportation for exchange of custody
during the time frame in which the Mother is unable to provide
that transportation. Upon Mother being able to provide
transportation, she shall provide exclusive transportation for
exchange of custody for a similar period of time, after which
the parties shall share transportation. Mother shall verify
existence of a driver's license and appropriate insurance
information to the Father.
5. Mother agrees to communicate with the children in connection
with the children's desires on spending time with the Mother
and Mother will favorably consider the children's reasonable
requests to modify the custody schedule outlined above.
EXIIIBI'f "A2"
'.,h
.'
P.o. Box 266
Newville, PA 17241
June 10, 1996
Dickinson School of Law
Family Law Clinic
150 s. College Street
Carlisle, PA 17013
RB: Bupp VB. Bupp~ In CUBtody
Dear Sir/Madam:
I am writing with regard to my daughter, Jamie Lee Bupp.
At present, her mother and I each have joint custody with primary
physical custody of Jamie being in my care.
In December of 1995, a Custody Order was signed by Custody
Conciliator Hubert X. Gilroy.
This Order states that Jamie is to visit her mother after school
on Wednesday until around 7:00/7:30 p.m.; every weekend from
Friday after school until Sunday afternoon between 3:00/3:30
p.m. or whenever I get off of work, whichever is sooner.
Now that school is out for the summer, I feel it fair to ask
that Jamie be allowed to spend every other week with her mother.
For example, this schedule could start Tuesday, June 18, 1996,
with me transporting Jamie to her mother's residence around
7:00 p.m. Jamie would spend the entire week with her mother
until I would pick her up the following Sunday (June 23) around
3:30 p.m. This pickup schedule could be subject to change if
I were to be called into work a Sunday afternoon, Monday morning
or Monday afternoon shift. If this would be the case, I would
pick Jamie up from her mother's on Monday afternoon around 4:00
p.m. or around 11:00 p.m., respectively.
Jamie would then spend the entire next week in my care until
the following Tuesday evening when the above proposed schedule
would again come into play.
According to my current work hours, I feel that this would be
a workable visitation schedule that would allow Jamie to spend
the proper "quality" time with her mother and at at the same
time would eliminate the need for a sitter.
EXHIBIT "B"
BARRY L. BUPP,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMDERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - L.A W
: IN CUSTODY
v,
LINDA R. DUPP,
Defendant/Petitioner
: NO, 94-5074 CIVIL TERM
CERTIFICATE OF SERVICE
I, Rebecca Spangler, Certil1ed Legal Intern, FllmHy Law Clinic, hereby certify that I
hllve served II true IInd correct copy of slIid Petition for Modit1clltion of Custody Order on
Respondent, Barry L. Bupp, residing lit 52 Mounlain View l'erruce, Newville, Cumberland
County, Pennsylvania, by depositing a copy of the same in the United States mail, postage
prepaid, this 16th day of August, 1996,
r'i d
J ...YC:ull. ?("( r(f '-
ltebecca Spangler'
Certified Legallmern
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BARRY L. BUPP, , IN THE COURr OF COMMON PLBAS OF
Plaintiff , CUMBERLAND COUNTY, PBNNSYLVANIA
,
v. , CIVIL ACTION - LAW
:
LINDA R. BUPP, , NO. 94 - 5074 CIVIL TERM
Defendant :
, CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this I d~ day of n,U" , 1996, upon
consideration of the attached Custody Conciliation Report, it is
ordered and directed as follows:
1. This Court's prior Order of December 28, 1995 is vacated.
2. The Father, Barry L. Bupp, and the Mother, Linda R. Bupp,
shall enjoy shared legal custody of Jamie Lee Bupp, born
January 6, 1983.
3. The Mother shall enjoy primary physical custody of the minor
child.
4. The Father shall enjoy periods of temporary physical custody
of the minor child as follows:
A. On every Wednesday and Thursday of each week from 4100
p.m. until 8:00 p.m. Father shall advise Mother or the
child by SUllday of each week as to confirming that he
will attend the scheduled visitation. In the event the
child has some social or school functions that would
interfere with this visitation, the parties shall agree
on an alternate time.
B. At such other times as agreed upon by the parties.
5. This Order is entered pursuant to an agreement reached by the
parties at a custody conciliation conference. In the event
either party desires to modify this Order, that party may
petition the Court to have the case again scheduled for a
conference with the Custody Conciliator.
By the Court,
CCI Rebecca Spangler
Family Law Clinic jlL
.-f!p"-' '1."<
Barry L. Bupp ~L 'IO(I't/4"
P.O. Box 266 .JA.ttY
Newville, PA 17241
.
BARRY L. BUPP, , IN THE COURT OF CONNON PLBAS OF
Plaintiff , CUMBERLAND COUNTY, PBNNSYLVANIA
,
v. , CIVIL ACTION - LAW
,
LINDA R. BUPP, , NO. 94 - 5074 CIVIL TERM
Defendant ,
, CIVIL ACTION - CUSTODY
PRIOR JUDGE,
HONORABLE J. WESLEY OLER, JR.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCBDURE
19l5.3-8(b), the undersigned Custody Conciliator submits the
following report:
1. The information pertaining to the child who is subject of this
litigation is as follows:
Jamie Lee Bupp, born January 6, 1983
2. A Conciliation Conference was held on October 4, 1996.
Present were the Mother, Linda R. Bupp, with her counsel,
Rebecca Spangler of the Dickinson School of Law Family Law
Clinic, and the Father, Barry L. Bupp, who appeared without
counsel.
J. The parties agreed to the entry of an Order in the form as
attached.
/cJ[9!Q&
Date
Custody Concili
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BARRY L. BUPP,
Plaintiff/ReBpondent
v.
I
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I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN CUSTODY
NO. 94-5074 CIVIL TERM
LINDA R. BUPP,
Defendant/Petitioner
smDER OF COURT
AND NOW, thiB Z'3rJday of Ootober, 1996, upon oonBideration of
Defendant'D Petition To Make Rule Absolute, the Rule iBBued on
September 25, 1996 is made absolute, and Plaintiff is direoted to
Il\lIlke available the minor ohild' s personal belongingB whioh have not
heretofore been returned within ten days of service of this order.
BY THE COURT,
Rebeoca Spangler
Certified Legal Intern
ThomaB M. Place, Esq.
SuperviBing Attorney
FAMILY LAW CLINIC
45 North pitt Street
Carlisle, PA 17013
Attorney for Defendant
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BARRY J., BUPP,
Plalnlil'f/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
: IN CUSTODY
LINDA R, DUPP,
Defendant/Petitioner
: NO, 94-5074 CIVIL TERM
PETITION FOR CONn:Ml'T PURSUANT TO RULE 1915.14
Petitioner, Linda R. Bupp, hy lllld through her attorneys, the Family Law Clinic,
petitions this Court to schedule a heuring on contempt nlld respectfully represents the following
in support thereof:
I, Petitioner and Respondent are parents of minor child, Jamie Lee Bupp, born
January 6, 1983,
2, Petitioner and Respondent are divorced hy decree dated June 29, 1995,
3, Respondent exercised primary physical custody of the minor child from the date
of separation by stipulation and modifying Orders ulllil July 22, 1996,
4, On July 22, 1996, Respondelll dropped the minor child at Petitioner's home
following an argument between Respondent and the minor child,
5, Petitioner has bccn exercising primary physical custody of the minor child since
7, Respondent has not exercised any periods of custody that were provided to him
July 12, 1996,
6, On October II, 1996 the preexisting Court Order was modified to provide
Petitioner with primary physical custody and Respondent with periods of physical custody on
two evenings per week,
in the Order of October 11. 1996,
8, Prior to the Court's involvement in the matter of the minor child's personal
"
helongings, the following communications regarding these helongings occurred:
a. On August 16, 1996 a request for the helongings was made by leller from
Petitioner's allorney III Respondent's attorney in the support matter;
h. On August 27, 1996 a request for the belongings was made at a support
conference;
c, On or about August 31, 1996 tI rcqucst for the helongings was made by note
from the minor child left on the door of Respondcnt's home;
d, On Septemher 2, 1996 a request for the hclongings was made by letter from
Petitioner's attorney to Respondent's allorney in thc support mallcr;
e, On Septembcr 10, 1996 a requcst for the hclongings was made hy leller from
Petitioner's allorney to Respondent's allorney in the support matter;
f, On September 13, 1996 a response hy letter was received from Rcspondent's
allorney in the support matter, In this letter, Respondent's attorney stated that she had passed
the requests onto her client, that her client understood the requests, but that her client had not
authorized her to respond to such requests;
g, On or about September 17, 1996 a request for the belongings was made by
leller from Petitioner III Respondent;
h, On Septcmber 18, 1996 during a telcphone conversation with Petitioner's
attorneys, Respondent's allorney in the support matter gave Petitioner's allorneys express
pennission to contact Respondent directly concerning the child's personal belongings;
i. On Septemher 20, 1996 a rcquest for the helongings was made by leller from
Petitioner's allorney to Respondent. In this lettcr, Petitioner's attorneys stated that a court order
would he requested if he has not delivered or made arrangements to delivcr the requested items
by September 24, 1996,
9, At no time did Respondent himself. or through an attorney, respond to these
requests by questioning the child's ownership interest in her personal belongings.
10, On September 25, 1996 Petitioner, through her allorneys, filed and served upon
II
I,
Respondent a Petition for Special Relief requesting that Rcspondent bc required to deliver the
child's personal belongings to Petitioner's home, A courtesy copy of said Petition was mailed
to Respondent's attorncy in thc support muller,
11. On September 25, 1996 a Rule to Show Cause wus issued upon Respondent
returnable within twenty days of service, This Rule was served upon Respondent by Petitioner's
attorncys on Septembcr 26, 1996, A courtesy copy of said Rule was mailed to Respondent's
attorney in the support mattcr,
12, On or about September 27, Respondent delivered cyeglasses and some clothing
to the minor child's school.
13, On October 4, 1996 an additional request for Respondent to return the minor
child's personal belongings was made by Petitioner through her attorneys at a pre-hearing
custody conference,
14, On October 16, 1996 the twenty days to respond to the Rule to Show Cause
elapsed, Respondent had failed to respond to this Rule,
15, On October 18, 1996 Petitioner, through her attorneys, filed and served upon the
Respondent a Petition to Make Rule Absolute, A courtesy copy of said Petition was mailed to
Respondent's allorney in the support matter,
16, On October 23, 1996 an Order of Court made the Rule absolute and directed the
Respondent to make available the minor child's personal belongings which had not previously
been returned within ten days of service of this Order,
17, On October 25,1996 Petitioner accompanied hy a constable attempted to collect
the minor child's personal belongings from Respondent's home, At that time, Respondent made
available to the minor child additional clothing, some shoes, her bed, her stereo, her bike, and
approximately four knick-knacks.
18, On October 30,1996 the Order of Court making the Rule Absolute was served
upon Respondent by Petitioner's attorneys,
19, On November 5, 1996, Respondent's attorney in the support mailer contacted
Petitioner's allorneys, Respondelll's attorney stated that Respondent would not return the word
processor, television and stand, and dresser and nightstand, and other personal items including
a lamp and an alarm clock because he claimed that he permilled the minor child to use the items
but had never intended to give the items to the child.
20, Petitioner's attorney responded to Respondent's attorney by letter of November
11, 1996, In this letter Petitioner's attorney indicated that
a, the television and stand and the word processor were Christmas presents given
to the minor child;
b, that Petitioner and the minor child would forgo claims to the dresser and
nightstand if the Respondent made all other personal belongings available; and
c, Petitioner through her allorneys would go forward with contempt procedures
if a response was not received by Novemher 18, 1996,
21, On Monday, November 11, 1996 the time period of ten days from service of the
Rule Absolute elapsed,
22, On November 18, 1996 Petitioner's attorney telephoned Respondent's attorney,
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