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HomeMy WebLinkAbout94-01888 .. d c.... \I "2 \J E <- ~ g F jr I J! , I 001 00 00 ........... ROBERT E. TOBERY, Plaintiff : IN THE COURT OF COMMON PLEAS v. . . : CUMBERLAND COUNTY, PENNSYLVANIA : I 8 8"&' : NO. 94 - CIVIL TERM WENDY J. MCNEAL, Defendant : CUSTODY CUSTODY ORDER I+- AND NOW, this ~ day of April, 1994, upon consideration of the Complaint for Custody and Consent Agreement, the following Custody Order is entered regarding the parties' children, Lisa Marie Tobery and Robert Elwood Tobery, Jr. 1. The plaintiff, Robert E, Tobery, shall have physical and legal custody of the children, 2. The defendant, Wendy J, McNeal, shall have supervised visitation with the children at times and at places as mutually agreed upon by the parties. 3, 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. 4. The parties may vary from this schedule by mutual agreement, but the order shall remain in effect pending further order of court. By the Court, /j<-~I { -,J~~ Judge ROBERT E. TOBERY, IN TIlE COURT OF COMMON PLEAS Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO, 94 - f ~B~IVIL TERM WENDY J. MCNEAL, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Robert E. Tobery, residing at 461 North Pitt Street, Carlisle, CUmberland County, Pennsylvania 17013. 2. The defendant is Wendy J, McNeal, who resides at 130 West Keller Street, Mechanicsburg, CUmberland County, Pennsylvania, 17055. 3. The plaintiff seeks custody of the following children: HlYI!l Present Address A/!& Lisa Marie Tobery 461 North Pitt Street Carlisle, PA 2 years old D.O.B. April 4, 1992 Robert Elwood Tobery, Jr. 461 North Pitt Street Carlisle, PA 11 months old D.O.B. April 14, 1993 The children were born out of wedlock. The children are present Iy in the custody of the plaint iff, who resides at 461 North Pitt Street, Carlisle, cumberland County, Pennsylvania. During the childrens I ives they have resided wi th the following persons and at the following addresses: N/lJIe Address Date Plaintiff, his wife, Nina Tobery, her chitdren, Heather Fink, Jennifer King, and Mindy Fink 461 North pitt Street Carlisle, PA Mid-March, 1994 to the present Plaintiff, his wife, Nina Tobery, her children, Heather Fink, Jennifer King, and Mindy Fink, and the plaintiff's step-daughter. Holly McNeal 461 North Pitt Street Carl isle, PA Mid-December, 1993 to mid-March, 1994 NaIl Address Defendsnt, Nina Fink (Tobery), her children, and Holly McNeal 461 North Pitt Street Carl isle, PA D!ill Mid-November, 1993 to mid-December, 1993 April 1993 to mid-November, 1993 October, 1992 to Apri I 1993 April 1992 to Apri I 1993 Plaintiff, defendant, and Holly McNeal 122 North Frederick Street Mechanicsburg, PA Plaintiff, defendant and Holly McNeal L & J Apartments Cart isle, PA Plaintiff, defendant, Holly McNeal, Sue and Brady Hefflefinger and their children, David, Aprit and Susie 52 West Main Street New Kingston, PA The mother of the children is Wendy J. McNeal, current Iy residing at Carlisle, Cumberland County, Pennsylvania. She is single. The father of the children is Robert E. Tobery, currently residing at 461 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. He is married. 4, The relationship of the plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name Relationship Nina Tobery Lisa Marie Tobery Robert Elwood Tobery, Jr. Heather Fink Jennifer King Mindy Fink his wife his daughter his son his step-daughter his step-daughter his step-daughter 5. The relationship of the defendant, Wendy J. McNeal, to the children is that of mother. The defendant currently resides at 130 West Keller Street, Mechanicsburg, Cumberlsnd County, Pennsylvania. 6. The ptaintiff 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. r 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The ptalnt I ff 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. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because he has established a stable ; , , I It I: E :i environment and Is providing for the emot lonal and physical needs of the chi Idren. 10. Each parent whose parental rights to the chi Idren have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant primary physical custody of the children to the plaintiff with the defendant having supervised visitation with the children on dales and at times agreed to by the parties. Respectfully submitted, LEGAL SERVICES, INC. 8 Irvine Row carlisle, PA 17013 (717) 243-9400 The above-named plaintiff, Robert E. Tobery, verifies that the statements made in the above Complaint lire true IInd correct. The plaint i ff understands that false statements herein are made subject to the penalties of 18 Pa, C.S. g 4904 relating to unsworn falsification to authorities. U~~ C e>-fa Robert E. Tobery, Plaintiff Date: :<./ / 'ir/ 9 7" ROBERT E. TOBERY, IN TIlE COURT OF cor+tON PLEAS ptaint iff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94 - CIVIL TERM WENDY J. MCNEAL, Defendant CUSTODY CONSOO' AGIlP.FllPNl' This agreement is entered on this Ib~~day of February, 1994, by the plaintiff, Robert E. Tobery, and the defendant, Wendy J. McNeal. The plaintiff is represented by Joan Carey of Legal Services, Inc; the defendant is unrepresented but is aware of her right to have an attorney. The parties agree that the following may be entered as a CUstody Order. I. The defendant and plaintiff agree to the entry of an Order providing for the following custody schedule for their children, Lisa Marie Tobery and Robert Elwood Tobery, Jr.: a) The father will have primary physical and legal custody of the chi Idren. b) The mother will have supervised visitation with the children at times and at places to be agreed upon by the parties. 2. The father and mother, by mutual agreement, may vary from this schedule at any time but the order will remain in effect unt i I ei ther party petitions to have it changed. 3. The parties realize that their children's wetl being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the children from the other parent, or injure the opinion of the chi Idren as to the other parent or which may hamper the free and natural devetopment of the children's love or respect for the other parent. WHEREfORE, the parties request thllt II Custody Order be entered to reflect the above terms. ~~,- Robert E. Tobery, Plllintif~ ~d'~ W Y , D end t LmAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400 '" ... ~ - \ . "l ..., "'" "c a- N C... N >-,.. .r.l_ ...1j, ~.. .....::. ..f ~~~~~ 4.. ...(~. t "."---.."-- '" no. """ .-::: -\ .,.....;, co "); .< J ~ .'", u "_ '.~,~~ ....., ROBERT I!, TOBERY, IN TIlE COURT Of cot.ftION PLEAS Plaint iff v. CUMBERLAND COUNTY, PENNSYLVANIA ('i18ff NO. 94 - CIVIL TERM WENDY J. MCNEAL, Defendant CUSTODY PRAECIPE TO PROCEED IN fORMA PAUPERIS To the Prothonotary: Kindly allow Robert E. Tobery, to proceed in forma paupcris. I, Joan Carey, attorney for the party proceeding in forma llauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party, The party's affidavit showing inability to pay the costs of litigation is attached hereto. LOOAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 ( 717) 243-9400 e ROBERT E. TOBERY, I N THE COURT OF CQf.fttON PLEAS Plaint iff v. CUMBERLAND COUNTY, PENNSYLVANIA IB&-k' NO. 94 - CIVIL TERM WENDY J. MCNEAL, Defendant CUSTODY AFPIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PRnr.F.F.rI IN FORMA PAUPERIS I. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to ~ inability to pay the fees and costs is true and correct. a) Name: Robert E. Tobery Address: 461 North Pitt Street, Carlisle, PA Social Security Number: 214-64-5524 b) If you are presently employed, state Employer: Mechanicsburg Men's Club Address: 333 Heintz Road, Mechanicsburg, PA Salary/wages per month: $6.00/hr. .18 hrs./mo.= $108.00 Type of work: Dishwasher/food prep cook If you are presently unemployed, state Date of last employment: N/A Salary/wages per month: N/A Type of work: N/A c) Other income within the past twelve months Business/profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensat ion and benefits: N/A supplemental Worker's Compensation: N/A Public Assistance: $40J/mo.(hlmself, his 2 children and his step-daughter, 1I01ly McNeal) Other: N/A d) Other contributions to household support Wife/Husband Name: Nina Tobery If wife/husband is employed, state Employer: N/A Address: N/A Salary/wages per month: N/A Type of work: N/A Contributions from child(ren): N/A e) Property owned Cash: $1.75 Checking Account: $17.00 Savings Account: N/A Certificates of Deposit: N/A Real Estate (including home): N/A Motor vehicle: N/A Stocks/bonds: N/A Other: N/A f) Debts and obligations Mortgage: N/A Rent: N/A Loans: N/A Monthly expenses: PP&L-$45.00; UGI-$40.00; Telephone-$50.00; food-$450.00; for wife's car-$60.00 wife's insurance-$58.00; diapers-$60.00 g) Persons dependent upon you for support Wife's Name: Nina Tobery Children, if any: Lisa Marie Tobery Robert Elwood Tobery, Jr, United gas car 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904, relating to unsworn falsification to author! ties. Date: ;</1~/9 r lJ4i;*j;~'_";.;:..:,_~,.,,, Robert E. Tobery, Plaintiff .,. en ~. ..>,.... . >- "".. l.I'~':-;:! (..')Z:~'..;. t~o(,):".t /::?:5'i ':_~}J.~ ,"l.-,.t' ~~=!CJ~ .-::"<; ... ::> h'C1 ':) ~ '" ..... N tv> - ... ... ""'"