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Home My WebLink About96-04938 ~ ~ ~ '). II "" .'? "~ ) ~ " ~ ,..... I'. I' ~; , . - ",,-' --,-',. - . c'r' -,.-, . " ,', i - . ~ . ~ '. ~ - I '. ,.~. '.~ . ~,. t.' ~,:,-~! -_L~ ,_~+,-_- :tt( ',. . '" ; "::'.- I'f\ ~~ -~ , ,-t\ ~~~ t PI ~' mB B ~ ,.' . .,,' ... ". _. f ~ .. . , ' I . , JOSEPH IlENRY FISHER, SR., Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 96- It 136' Civil Term CIVIL ACTION - LAW CUSTODY vs. NINA FINK TOBERY, Defendant ORDER OF COURT AND NOW, this '1\hday of ~;tpl"I,I'" , 1996, upon presBntation and consideration of the within complaint for Primary physical Custody, it is hereby Ordered that the parties and their ,.respective counsel shall 'U1re,ar I before "3",,,,,,,, <; ""~"l r:JII the Conciliator, on ((I(1('$<\c,,/ I the . I day 6f () r\"h(l , 1996, at "\,,0011 .m. at v ., t' I (...hv,' for a Custo Y Conci iation Hear n . Conciliation Hearing, an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issueB to be heard by the court, and to enter into a Temporary order. Ei ther party may bring the child who is the subject of this custody action to the Ilearing, however, the child/children's attendance is not mandatory. Failure to appear at the Custody Conciliation Ilearing may provide grounds for the entry of a temporary or permanent Order. BY TilE COURT: 0."1 / cd., ',dry ~. ~.Jl ( yOu SHOULD TAKt': TillS PAPER TO YOUR LAWYER AT oNCE. IF YOU 00 NO'1' IlAVE A LAWYER OR CANNOT AFFORD ONE, 10 '1'0 OR TEIJEP\!ONE TilE OFFICE SET FORT\! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IlELP. office of the Court Administrator Cumberland County Court Ilouse One court Ilouse Square Carlisle, PA 17013 (717) 240-6200 rtl [I) {)':"'~[,: ("" ," .1 "J ':' I ' ,"'",''' .-. ,'T't) ( , .; - " .l /' ~ I' ~G ~FP I U r . ')1"8 II ,. .'"1 CUI" - V,~,',.I ,-,~ ,o_.il..,;" . 1,.t PEN;,SYLW,kil"j I f,/Plfl (j,l &fI ",~.J,i' ,~ {JdJ ;.IO.f/i! 71it~l II~.J; ~ ~. f/~ t,?~ (bPj ,m..;JJ/ -t. ~;,~ Qti",,~/'Y , . ~ , , " . I I 1 j 1 I j i JOSEPH HENRY FISHER, SR., IN TilE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 96- '-I<1,~~' Civil Term NINA FINK TORERY, CIVIL ACTION - LAW Defendant CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, thiB Ilih day of September, 1996, comes the Plaintiff, Joseph Honry FiBher, by his Attorney, Arthur K. Oils, Esquire, and respectfully requests the followingl 1. The Plaintiff herein is Joseph Ilenry Fisher, an adult individual who currently resides at 225 Marlette Drive, Mechanicsburg, Cumberland county, PennBylvania, 17055 with his wife, Kathryn Irene Fisher, and the minor child, Mindy Jo Fink, the subject of this Complaint. 2. The Defendant herein is Nina Fink Tobery, an adult individual who currently resides at 461 North Pitt street, Carlisle, Cumberland county, Pennsylvania 17013, where she is residing with her husband, and two children, ages fourteen and ten years, however, said children sre not fathered by the Plaintiff. " . . f '. ., I . . , 3. The Plaintiff and Defendant were romantically involved and as a result of said relationship, one child was born/ namely: Mindy Jo Fink, born July 10, 1989 in Ilershey, Derry Township, Pennsylvania. 4. The Plaintiff and Defendant resided together until 1993, when the parties separated. 5. In 1993, the minor child, Mindy Jo Fink, resided with the Defendant at the following addresses: Elm street, Carlisle, Pennsylvania, for approximately one and one-half years/ Betty Nelson's Trailer Park, R.D., Carlisle, Pennsylvania, for approximately one and one-half years/ North Pitt street, Carlisle, Pennsylvania, until August, 1996/ and 225 Marlette Drive, Mechanicsburg, Pennsylvania, (with Plaintiff and his wife) from beginning of August, 1996 to present. 6. The minor child, Mindy Jo Fink, is registered at the Sporting Ilill Elementary School in the first grade. Said school started August 28, 1996. This is the Bchool district within the Plaintiff's residence. -2- , " . . , ' ' " 7. The minor child, Mindy Jo Fink, is in the first grade I however, she should be in the Becond grade, but when the minor child was in the cUBtody of the Defendant, the Defendant failed to send her daughter to Kindergarten at the appropriate time for welfare purposes. B. The Defendant and her husband are both on welfare. The Defendant has been on welfare for fourteen years. 9. The Plainti ff, JOBeph Ilenry Fisher, is employed at Valk Manufacturing and works the hours of 7:00 a.m. until 3:30 p.m. If the Plaintiff is not home by 3145 p.m., when Mindy Jo is delivered at the bUB stop, his wife, Kathryn Irene Fisher, is at the bus stop waiting for Mindy Jo. , O. The Plaintiff t s wife, Kathryn Irene Fisher, is currently on S.S.I. ". The Plaintiff resides in a three bedroom mobile home an" is able to provide a stable and clean environment for his daughter. 12. The minor child, when she was li ving with her mother, was not kept clean and on at least two occasions, during a visit with the Plaintiff, the child was found to have head lice. -3- . I i I , I ! " . , . " . " I 13. The Defendant, Nina Fink Tobery, stays up late in the evenings and sleeps in late in the mornings and does not see her daughter off to school and does not properly care for her daughter. 14. The Defendant, Nina Fink Tobery, goes out at times and permits her fourteen year old daughter to babysit her ten year old daughter and the minor child of this complaint. 15. When the minor child, Mindy Jo Fink, attended the wedding of the Plaintiff and his wife in August of 1996, Bhe requested that she be permitted to live with her father and not return to the home of her mother. 16. The Defendant, Nina Fink Tobery, appeared at the Sporting Hill Elementary School during the week of August 28, 1996 and attempted to physically remove her daughter from the school and attempt to retain custody at that time. 17. The police department was contacted by the school officials and the Defendant was informed that she was not permi tted to remove the child from school. 18. The Plaintiff, Joseph Ilenry Fisher and his wife, are better able to provide a stable home environment for his daughter, Mindy Jo Fink. -4- , . . " 19. There has been no prior action for custody or visitation of the minor child in this or any other jurisdiction. 20. The Court of Common Pleas of Cumberland County has full jurisdiction in this matter as all parties reside in Cumberland County, Pennsylvania. WHEREFORE, the Plaintiff, Joseph Henry Fisher, prays Your Honorable Court to grant him primary physical custody of his daughter, Mindy Jo Fink. Respectfully submitted, BY: Ar 101 South Executive Ilouse, Harrisburg, PA (717) 232-9724 I.D. No. 07056 Esquire street Ste. L1 17101 -5- , . .' VBRIFICATION I verify that the Btatements made in this Complaint for Primary physical Custody 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. '0/ Ilenry Fisher, Dated: September 4, 1996 .-