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Home My WebLink About94-01244 ~ \J w ~ t: ..... ~~ \ \ , ; ) / ~ 1 ~ \J W -c::: v .C;: .. ...Q Q c:q * n J...... Il'.b;r.,f,t~f( r<-o!rr+ r. ~ Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW ;NO." 9- 1;)'1,/ CIVIL : CUSTODY/VISITATION 19 * _ I' ,/wIt :;O"nn t. &,,1 'Defendant ORDER OF COURT ('f\...rc" 9-1 J'ilj l..J AND NOW, this (date)' , upon consideration of the attached complaint, it is hereby directed that the arties and., _ their respective counsel appe~ before bt!"r7- ^ /:., 1{Py r.5~ the conciliator, at . 1-100 \A1n, O. '^"- "'-_..sf- ' on the ~:+ncLday of ~fr\ \ , 19( ,at 0: 0 . 'l/J M., for a Prehearing Custd y 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 ~y 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 temporary or permanent order. FOR THE COURT: ~~~-~~ r~ crCt~; co:aITator c?GJt- 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. By: OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717 )240-6200 ~."'I . " .'- .,.,~ ,. - Hu ZI 10 32 AH '9~ , "~G.JFfICE Of TilL JIIIONaTAr.t CUH()[!, ,AND C~~NTt PEI/I/SYLVANIA , , ROBERT F, BOBINCHECK, PLAINTIFF v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLAVNIA NO, JOANN E, BOBINCHECK, DEFENDANT CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT You, Joann E, Boblncheck, Defendant. have been sued in Court to obtain custody, partial custody or visitation of the children: Drew R. Boblncheck and Melissa A. Boblncheck. You are ordered to appear In person at the Cumberland County Court House, One Courthouse Square. Carlisle, Pennsylvania. on the day of 1994, at o'clock _.m. If you fall to appear as provided by this Order or to bring the children, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest, 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 Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 BY THE COURT: J, ROBERT F, BOBINCHECK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLA VNIA NO. v, JOANN E, BOBINCHECK, DEFENDANT CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff Is Robert F. Boblncheck, residing at 200 Wood Street, Camp Hili, Cumberland County, Pennsylvania 17011. 2, The Defendant Is Joann E. Boblncheck, residing at 883 Mandy Lane, Camp Hili, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks partial custody of the following children: NAME PRESENT RESIDENCE D.O.B. Drew R. Boblncheck 883 Mandy Lane 02/18/82 Camp Hili, Pennsylvania Melissa A, Boblncheck 883 Mandy Lane 04/18/83 Camp Hili. Pennsylvania The children were not born out of wedlock. The children are presently In the custody of Joann E. Boblncheck who resides at 883 Mandy Lane, Camp Hili, Pennsylvania 17011. . . During the past five years, the children have resided with the following persons and at the following addresses: NAME PRESENT RESIDENCE DATE Joann E, Boblncheck 883 Mandy Lane 1989 . 1994 Camp Hili, Pennsylvania The mother of the children Is Joann E. Boblncheck, currently residing at 883 Mandy Lane, Camp Hili, Pennsylvania, She Is divorced. The father of the children Is Robert F. Boblncheck, currently residing at 200 Wood Street, Camp Hili, Pennsylvania. He is divorced. 4, The relationship of Plaintiff to the children Is that of father. The Plaintiff currently resides with the following person: NAME RELATIONSHIP Patricia A. WolI Friend 5, The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following person: NAME RELATIONSHIP Drew R. Boblncheck Son Melissa A. Boblncheck Daughter 6. Plaintiff has participated as a party or witness, or In another capacity, In other litigation concerning the custody of the children In the Court of Common Pleas, ,'.", .......w..:.....~,. , . , . Dauphin County, Pennsylvania, No, 2167 S 1984 (See Exhibit "A"), Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 7, Neither the mother nor the children have ever lived In Dauphin County and the father only lived In Dauphin County for a brief period of time which ended In 1985, For the past nine years, the father, mother and children have resided In Cumberland County which Is the appropriate Jurisdiction to make any changes In the existing Order. 8, The best Interest and permanent welfare of the children will be served by granting the relief requested. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff, Robert F. Boblncheck, requests the court to grant custody of the minor children, Drew R. Boblncheck and Melissa A. Bobincheck, to him. , , 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, Section 4904 relating to unsworn falsification to authorities. Robert , oblncheck. Plaintiff LLk Date: -3/'/;/91 I ~-G. '. .' ~ ~ .. EXHIBIT A , . . . . ' JOANN E. BOBINCHECK, Plaintiff IN THE COURT OF COMl10N PLEAS DAUPHIN COUNTY, PENNSYLVANIA No. 2167 S 1984 CUSTODY/VISITATION , . v. ROBERT BOBINCHECK, Defendant AND NOW, this / oS ORDER ...p~ day of kag~~t, 1986, IT IS HEREBY ORDERED AND DECREED pursuant to the attached Petitiqn that the Custody Order of October 2, 1984 is hereby modified as follows: The Defendant, Robert F. Bobincheck, shall have temp- orary custody with his children, Drew and Melissa, every Tuesday and Thursday, commencing at 4:45 p,m. and ending at 7:';5 p.m. Defendant Robert F. Bobincheck shall pick the children up at 4:45 p.m, each Tuesday and Thursday without any unreason- able interference or delay, Specifically, Plaintiff Joann Bobincheck is directed to release the children to Mr. Bobincheck promptly at 4:45 p.m. through her babysitter. BY THE COURT, lii- .~" t ~::'e~ ..~,~. 3 n y. ~ oJ .. tl' c:,..'; .-' / - -1) l't:1tl]411~ .~~~.. .' t.' /..Z ( ~ .l 1" I c.,). ,,- /. 0 . . ..'.f ",Ot-- l ,....; J" ,. "t7(!) , _____ " v . l - ~ Cl"Jy .~(...~' l'rOtbo etC', 14~ '. nOtlt.. ~..-.~ _ . ~ # "'-. ---r;-- "<'/v/i"..v- '-~ -i.()U0<'~~" .' '. 0: ., ~ ~~ -- \:\~~"- '> I:--.....s, rn '- 0<) ~ '-r) -::r en - ;".- ..',,- fJ.; ~ '<) ~ ~ . I"} -..:::t-.. ~..-::, r-, ,,> ,-..j ~ ..,:.. "n . "'" ~ ~(-+, c:.-~~ ~ '~; .~ ROBERT F. BOBINCHECK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 94-1244 JOANN E, BOBINCHECK, Defendant CIVIL ACTION. LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AND NOW, thls5t-A day of (}jJklI : 55. , 1994, personally appeared before me, a Notary Public In and for the State and County aforementioned, John J, Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint In Divorce In the above-referenced action was served on the Defendant on April 1, 1994 by certified mall no. P 654 986 228, addressee only, return receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof, Sworn to and subscribed to before me this !fJL day of (/tV; I L , 1994. I NOTARI^L SE~L :/ JEMI L MrRt~. N':JfY r'.~lic tltr::-:L~i.. 0...../1,:1 C:unty M C"".,.",,, L' ;,,, Se t. 16, 1995 . . ~~,~-:'''':':C::::',--:,~, I';;' .." "..." 11, ~.CoIftploto ~',..~i;,;lf";.lI\t;;~~.:' . ,<..' K'j' 1110 wl~h 10 r,",~lv~ iht 11!;.jColftplotoh....3,1nd...b. ' lollowlng ..rvle..Uor on .xii. I, ,;.=:=::._..on""'.......OlltlllonnlO""'tW...n 100):' ',.' " ' 'I ". ,.11...... tN._to tho Iront 01 "'" _. 01 on "'" _"._ 1. 0 Addr....... Add....' dol. not pennlt. " ' ", I I .,W!tal'_R-""_...r.on""'.........bolow""'..-- 2 1Qgl.llrlcted Dellv.",' " . Tho__.......WlOwhomlho..-W.._ondlhodl.. ' ' ,8 _ad, ',', ConlUlt lunutll lor I.e, : 1, '3. Article Addr...od 10: . c.~' 4.. Anlel. Number 1 t' JOANN E BOBINCHBCK P 654 986 228 1 Ii 4b. S.rvlco Typo I II 883 MANDY LANE 0 RIlIIIIII.d , CAMP HILL PA 17011 C.rtlfi.d I 0 Expre M I \ ~D~ I Jl PS Form . D.cemlHlt, 1881 ..u.a._,_m DOMeSTIC RETURN RECEIPT I-W' .:.- :n . :IC ..... CD \1'1 N ~:: ~~.t loAJc."c.:i: c.>%u.t -0 .:~ ~::r:o'.J 0...-='-... . ~J -.1 OJ ~"..-..- ::!x . ~I ,. ...::: '1~~I...J --< .J:i{l .- - ;;:> ~'O '" r-- ... "'- """ DEe 5 1994d",- ROBERT F. BOBINCHECK, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :NO. 1244 - CIVIL - 1994 . . JOANN E. BOBINCHECK, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this 5' tl.day of 'b....,( ...l.otf , 1994, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Custody Orders entered in this case at No. 2167- 1984 (Dauphin County) dated October 2, 1984 and September 15, 1986 are ratified and affirmed subject to the following modifications: A. Upon the Father's representation and agreement to incur the expenses for counseling, the parties shall submit themselves and the minor children to a counselor who will be agreed upon by legal counsel for the parties. Any counselor selected shall be an independent counselor and shall be authorized to share the findings and reports of these counseling sessions with both parties. Both parties shall attend the counseling sessions, if necessary, and insure that the children also cooperate in attending the counseling sessions. B. The Mother shall insure that the minor children are not left alone in the custody of Alex DeLay. This provision shall not interfere with the ability of Mr. DeLay to be in the company of the children as long as the Mother or some other adult is present. This provision shall terminate upon Mr. DeLay's expiration of any probationary sentence he is currently serving with the Cumberland County Court. C. The parties shall consult with each other and agree prior to making any major decisions affecting the best interest of the minor children, including but not limited to, medical, religious and educational decisions. 4. This Custody Order is entered pursuant to an agreement reached at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may IjtC \ , 'r' , A} ':)'l \ ,,, , " .j I e',', " "f " . petition the Court to have the case again scheduled ror a conrerence with the Custody Conciliator. BY THE COURT, cc: Leroy Smigel, Esquire John J. Connelly, Jr., ~ ;?~ d'~ O~;. . - e~... r""~:M. 1:1.1")94. Esqu~re ,..b. ('. . ROBERT F. BOBINCHECK, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1244 - CIVIL - 1994 JOANN E. BOBINCHECK, Defendant . . . . :CIVIL ACTION - CUSTODY 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: Drew R. Bobincheck, born February 18, 1982 and Melissa A. Bobincheck, born April 18, 1983. 2. A Conciliation Conference was held on November 18, 1994, with the following individuals in attendance: The Mother, Joann E. Bobincheck, with her counsel, LeRoy Smigel, Esquire, and the Father, Robert F. Bobincheck, with his counsel, John J. Connelly, Jr., Esquire. 3. The parties agreed to the entry of an Order in the form as attached. /fhf?/qt{ DATE Hubert x. Gilroy,' Esqu're Custody Conciliator