HomeMy WebLinkAbout00-06605
__..J
, ~
-
_~"<l';
JANE M. MOTT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION-LAW IN
CUSTODY
ROBERTL. OSWALT,
Defendant
NO. 00-6605 CIVIL TERM
ORDER OF COURT
Based on the attached petition to proceed in forma pauperis, the request is granted and
petitioner may proceed without payment of the costs.
Jt~~
/0 -/.3 -00
RXS
'7'1'- i\//,l}...r:,f,!\ '~,'~
I !\I(' P"
{\J...'.;. ,1,_H.}
." ~., ,,>, "J
'\ /'j ",' 'I 'JJ v
'-I. '.", c,; ~, -"'
,. .i:)
X2"-;if:L."I":"~_ ;J~ 'i,i ,.L ...
!'
.'.' "
.,; !U:i>:O;~~i~TARY
"J'I''- r',;',":'" I .).
L ;) tJl,,; ~;.l
i: ;~!
cU;v;~'::~:r'i<:>i!~ COUNTY
,oC:'\"'J'."J 'If;' I'A
j " '....' I '-"I"',j\llrl
, ~
~~..",w,
."~,.",,Q ,"! ~,,' "''''''-:''"'_~'~_'''<1,^;~~~'''q'/'!~im41',!w~~,~~~~!lJJi~:1.'.
,- ':'" !.''l ~,"
z~
" .
,
,] ,
~ "
"Ie , '," 'e. - L,' ",,~ ._:~,,~c_~ '. ,__, ____ """.
..
.
OCT 0 3 2000fP
JANE M. MOTT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW IN
CUSTODY
ROBERT L. OSWALT,
Defendant
rl1 ~ fp/./%
NO. VV CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Jane M. Mott, Plaintiff, to proceed in forma pauperis.
I, Marcy Wright, Certified Legal Intern in the Family Law Clinic, for the party proceeding
in forma pauperis, certif'y that I believe the party is unable to pay the costs and that I am providing
free legal service to the party. The party's affidavit showing inability to pay the costs oflitigation
is attached hereto.
Date:~
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
-
--"'--
,
1;,
,
'"-'''
,
JANE M. MOTT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION - LAW IN
: CUSTODY
ROBERT L. OSWALT,
Defendant
: NO.
CNIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending 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 my ability to pay the fees and costs
is true and correct.
(a) Name: Jane M. Mott
Address: 13 South Hanover Street, Carlisle, P A 17013
Social Security No.: 205-52-1902
(b) Employment: Unemployed
If you are presently employed, state
Employer:
Addre~s:
Salary pr wages per month:
Type of work:
If you are presently unemployed, state
Date oflast employment: September 2, 2000 (worked for I ,week)
Salary or wages per month: $6/ hourly for 1 week
Type of work: Housekeeping
,
(c) Other income within the past twelve months
Business or IProfession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits: Had appointment, waiting to hear
.
Support payments:
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance: Has appointment on October 12, 2000
Other:
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents: $100 monthly
Other contributions:
(e) Property owned
Cash:
Checking account:
Savings account:
Certificates of deposit:
Real estate ( including home):
Motor vehicle: Make, Year
Cost, Amount Owed:
Stocks; bonds:
Other:
(f) Debts and obligations: $350
Mortgage:
Rent:
Loans:
Other:
Water/ Sewer:
Cable:
Phone:
Kerosene Heater:
Food:
Miscellaneous Necessities:
Washer/ Dryer payment plan:
(g) Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any: 1
Name: James D. Oswalt Age: 3, DOB 03/20/97
Other persons:
Name:
Relationship:
".'
., ~."
~-""jh
,
_r""
.~
- ,
f
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would pennit 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. ~4904, relating to
unsworn falsification to authorities.
Date: 9/(J.~/c{)
ane M. Mott
[t"; -A
'_",~ ~_~~~>\~~_",.:",~,~" ~ "";,fi"',;;',"~~'
- .~'"
.'
"~'~
~.. .
n 0 0
C- =
:;C:>' -'n
-0 eo (/) ---f
IT1-fi'l 1-" -~
z-~ .~o ~
&.~: N E~
~. ,
-<-;- CO ,~ '-=7
roe] " ,
<r-.
<: .' :c.:., ":':.:::.?
:PC' .,
z... ::r::: ;~~~~
)>0
c:
z :..'1 >
=< ...., :0
-<
.
"\1
....
1
,
..~J
,~ ~' ~'~"'''".. ^,. "".'
I
'_',(,' ,'"Y;;;c"-',, ;""" "'_'",;'...:" t,~,.:.:'j"',:,'>,\;' ',"',
.",;"',;';'~,,-", ,';",
,.C_"_,'_'
OCT 0 3 2000V
JANE M. MOTT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
: fPOS
: NO.CO~ CIVIL TERM
ROBERT 1. OSWALT,
Defendant
CUSTODY ORDER
NOW TIDS l-.r\--. day of O~ , 2000, upon consideration of the attached
Agreement as to Custody, it is ordered and directed as follows:
1. The Mother, Jane M. Mott, and the Father, Robert 1. Oswalt, shall share legal
custody of their child, James D. Oswalt, born March 20, 1997.
2. The mother shall have primary physical custody of James and the father shall have
periods of partial custody as specified below.
3. The father shall have custody of the child every other weekend from 12:00 p.rn.
Friday to 7:30 p.rn. Sunday. The father shall have custody of the child every
Wednesday and Thursday from 12:00 p.rn. to 3:00 p.rn.
4. The father shall be responsible for all transportation relating to his periods of
partial custody. If and only if, the father has a valid driver's license, the father
shall pick up and drop off the child at the mother's home currently at 13 South
Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013, on the
assigned dates and times. If the father does not have a driver's license, then a
licensed driver shall do the driving relating to the picking up and dropping off the
child. If this occurs, the father will be present as a passenger.
5. Whichever parent has custody of the child on his Birthday, Thanksgiving,
Christmas, and Easter Sunday shall make the child available to the other parent
for a reasonable amount of time.
6. The mother shall have custody of the child on Mother's day, and the father shall
\.
have custody of the child on Father's day from 10:30 a.rn. until 7:30 p.m If
'? ,
-,,'
'N'" C,",
. .,
""
I.
..,.. iJo.. 'L'" ,_ _'_ -_, ,~ "',oc,c,,,- ,t;:"'"", .~" "--~'
,i,;:'" --
""'H'"
, ".~';;
':c' ,:0,.",):;;(:<",
,-^~ ,""' ^ '-'J" ::1
Mother's day falls on the father's custodial weekend, the mother shall have
custody of the child beginning at 10:30 a.ill. on Mother's day.
7. The mother and father shall be entitled to reasonable telephone access with the
child while the child is in the other's custody.
8. The parties shall keep one another advised of their current address and telephone
number.
9. The father and the mother will notify each other of all medical care the child
receives while in that parent's care. The father and the mother will notify the
other immediately of medical emergencies which arise while the child is in that
parent's care.
10. Neither parent will do anything which may estrange the child from the other party,
or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love and respect for the other parent.
11. This Order is entered pursuant to an Agreement reached by the parties.
cc:
Robert L. Oswalt, Defendant
The Dickinson School of Law Family Law Clinic
1.
top.U.D ~U
10- 9 -00
~-X~
~
~ g
~ 2:: d tY)
r-- ~
lr; :::.:
1:"- :;:2'<( '"
L',,! ';-','; \-j9 '\.
~);::O", :a:: C)~ ~ ~
L:_ ....-;;;;:
'_L_ CJ::::J ~
C> ~;~
131;':'.- c.C) " .
N V) J
CL ~~:Z H ~
C-~ ,i ILU
L,_ U.lo...
u: 2
'U._ 0 =)
(.) C") ()
:'T""_"'''.''''.-:',
lUlJnL..." """. ~O"' '"
,,~",.~,'~.." .~, ,c_,,,,,.,,' ","" -'~"
H~, ECJ--CH:lCE
,., " . --T:'-'DTAR'{
I1'J ""'1 -Q
L,r" iH.., l ....
9: 0:'
.-.
J!-U
An
cu':,;,,,:, "t..,.' ''(',u\nv
jV!L~",", !'.' ',' ~l) '...J~~ i i I j,
PENNSYlYANiA
w~~~~~~~-~~~,""?
"~I
;"., ,;-.,--"
,
.,1
le-
"'.i_.'_;!",:'" -~'-. """^'~':'-' ,-'" '-,""'~<"" ..'~,<-" ;'~i-I,'>' _",~<.~~,',~,
JANE M. MOTT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION-LAW
IN CUSTODY
ROBERT L. OSWALT,
Defendant
NO.
CNIL TERM
AGREEMENT AS TO CUSTODY
TillS AGREEMENT, made this Lday of September, 2000, between Jane M.
Mott, hereinafter mother, and Robert L. Oswalt, hereinafter father, concerns the custody of the
child James D. Oswalt, born March 20, 1997.
Mother and father desire to enter into an agreement as to the custody of the child. Mother
and father agree to the following:
1. The mother and father shall share legal custody of the child.
2. The mother shall have primary physical custody and the father shall have periods
of partial custody of the child, as specified in this Agreement.
3. The father shall have custody of the child every other weekend from 12:00 p.m.
Friday to 7:30 p.m. Sunday. The father shall have custody ofthe child every
Wednesday and Thursday from 12:00 p.rn. to 3:00 p.m.
4. The father shall be responsible for ,Jl transportation relating to his periods of
partial custody. If and only if, the father has a valid driver's license, the father
shall pick up and drop off the child at the mother's home at 13 South Hanover
Street, Carlisle, Cumberland Count;!, Pennsylvania, 17013, on the assigned dates
and times. If the father does not have a driver's license, then a licensed driver
I"
I
" ',' ,~,.,^ ,~;, ,_~ -_;'.,' ,c
.~ <, ",,,._J_,, ." '_"'_-_.. i,,"
shall do the driving relating to the picking up and dropping off the child. If this
occurs, the father will be present as a passenger.
5. Whichever parent has custody of the child on his Birthday, Thanksgiving,
Christmas, and Easter Sunday shall make the child available to the other parent
for a reasonable amount of time.
6. The mother shall have custody of the child on Mother's day, and the father shall
have custody of the child on Father's day from 10:30 a.ill. until 7:30 p.m. If
Mother's day falls on the father's custodial weekend, the mother shall have
custody of the child beginning at 10:30 a.ill. on Mother's day.
7. The mother and father shall be entitled to reasonable telephone access with the
child while the child is in the other's custody.
8. The parties shall keep one another advised of their current address and telephone
number.
9. The father and the mother will notify each other of all medical care the child
receives while in that parent's care. The father and the mother will notify the
other immediately of medical emergencies which arise while the child is in that
parent's care.
10. Neither parent will do anything which may estrange the child from the other party,
or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love and respect for the other parent.
11. The father has been informed and understands that the Family Law Clinic does
not represent him and cannot give him any legal advice. If the father wants legal
advice on this matter, he understands that he must see his own attorney.
'.~-~
-, ~L',
,",~""'--- -~
~' '~,,~-
12. The parties intend to be bound by the terms of this Agreement and intend that this
Agreement be entered as an Order of the Court.
~L~
Rob L. Oswalt
-
~
Date:
'/z'!>!~
c<il~L{ )-
Rob E. Rains V
Thomas M. Place
SUPERVISING ATTORNEYS
Teri L. Henning
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
-" .. ;, ,,~,-- "," , " I I d , , ., ""~ -~ -- -, ",-";" '. -';- r~;,,;,;_ .. _:i,,_-~" .:'~"'~""~~-i";
. .. ;r "'~ ," '~",'i
JANE M. MOTT,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: IN CUSTODY
: . {,~ol
: NO. (10' CNIL TERM
ROBERT L. OSWALT,
Defendant
COMPLAINT FOR CUSTODY
The plaintiff, Jane M. Mott, by her attorneys, the Family Law Clinic, sets forth the following
cause 0 faction:
1. The plaintiff is Jane M. Mott, residing at 13 South Hanover Street, Carlisle, Cumberland
County, Pennsylvania 17013.
2. The defendant is Robert L. Oswalt, residing at 188 Holiday Avenue, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Plaintiff seeks custody of the following child:
Name
Present Residence
Date of Birth
James D. Oswalt
13 South Hanover Street
Carlisle, PA 17013
03/20/97
The child was born out of wedlock.
The child is presently in the custody of Jane M. Mott.
During the past five years, the child has resided with the following persons and at the
following addresses:
Addresses
Dates
Persons
Jane M. Mott
Donald Finkey
Mary Finkey
Joseph Finkey
Wendy
Cheyenne Finkey
Seneca Finkey
Jane M. Mott
Robert L. Oswalt
13 South Hanover St., Carlisle, PA 17013
07/29/00 - Present
OS/26/00 - 07/16/00
09/99 - 03/00
96 Princess Boulevard, Mechanicsburg, PA 17055 07/16/00 - 07/29/00
,.-
_"s',:';,',.-,,;'__'-, ,',_ __ ,__
I;
"':-'~'-
'. '*i,' ,..,:.~:::,,>.-.;.; .,~i',~_ -'~"~-"",'.Y -",,<, ,~"":;<'~';c.;,,.
"'k1i
Jane M. Mott
Robert L. Oswalt
620 Fifth Avenue, Indiana, P A
03/00 - OS/26/00
Jane M. Mott
Robert L. Oswalt
3 South High Street, Newville, PA
12/98 - 09/99
Jane M. Mott
Robert L. Oswalt
188 Holiday Avenue, Mechanicsburg, PA 17055
1998
Jane M. Mott
Robert L. Oswalt
53 North Pitt St., Carlisle, PA 17013
1997 - 1998
The relationship of the plaintiff to the child is that of mother. She is divorced. She currently
resides with the following persons:
Name
Relationshiv
James D. Oswalt
Child
Donald Finkey
Mary Finkey
Joseph Finkey
Wendy
Cheyenne Finkey
Seneca Finkey
Father
Mother
Brother
Brother's Girlfriend
Niece
Niece
The relationship of defendant to the child is that off ather. He is single. He currently resides
with the following persons:
Name
Relationshiv
Unknown
Girlfriend
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of this child in this or another court. Plaintiff has no information
of a custody proceeding concerning the child pending in a court of this Commonwealth or another
state. Plaintiff does not know of a person not a party to the proceedings who has physical custody
of the child or claims to have custody or visitation rights with respect to the child.
-
~ --
.
,,"
" '_ ",~. e,......' ,__::"_
-b{~
7. The best interest and permanent welfare of the child will be served by granting the relief
requested because:
a) Plaintiff has been primary caretaker of the child since birth;
b) Plaintiff is better able to provide a home with adequate moral, emotional, and physical
surroundings for the child, whose best interests would be served by an award of primary physical
custody to the plaintiff.
10. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action.
11. Plaintiff and Defendant entered into an Agreement as to Custody on September 25,2000.
The Agreement provides that Plaintiff and Defendant shall share legal custody of the child. Plaintiff
shall have primary physical custody and Defendant shall have periods of partial custody of the child
as specified in the attached Agreement. The parties would like the Agreement to be entered as an
Order of the Court.
WHEREFORE, plaintiff requests the court to grant to her primary physical custody
ofthe child and enter an Order in the form attached hereto.
Date:ffI!J1jDJ
, t
Certified L al Inte
cd.~P:1J
ROBERT E. RAINS
Supervising Attorney
TERI L. HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
,~",.~ "'~ -
".~o ~,' .
',,,,I,,.
"',." , '"'''''~
..
VERIFICATION
I verify that the statements made in this Complaint are true and correct, to the best of my
knowledge, information and belief. I understand that making any false statement would subject me
to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities.
Date:9! al /00
7Y), 7fJdf
e M. Mott, Plaintiff
,_" 1-
"I ,',.L-
tiirk
JANE M. MOTT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION-LAW IN
CUSTODY
ROBERT L. OSWALT,
Defendant
NO. 00-6605 CIVIL TERM
ORDER OF COURT
Based on the attached petition to proceed in forma pauperis, the request is granted and
petitioner may proceed without payment of the costs.
Judge Guido
~.'''''''''''--
.'. -
"~~ '.' ~,~ , '-- ";""".
OCT 0 3 2000 t;lJ
JANE M. MOTT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION - LAW
: IN CUSTODY
ROBERT L. OSWALT,
Defendant
: NO.
CNIL TERM
CUSTODY ORDER
NOW TillS _ day of
,2000, upon consideration of the attached
Agreement as to Custody, it is ordered and directed as follows:
1. The Mother, Jane M. Mott, and the Father, Robert L. Oswalt, shall share legal
custody of their child, James D. Oswalt, born March 20, 1997.
2. The mother shall have primary physical custody of James and the father shall have
periods of partial custody as specified below.
3. The father shall have custody of the child every other weekend from 12:00 p.m.
Friday to 7:30 p.m. Sunday. The father shall have custody of the child every
Wednesday and Thursday from 12:00 p.m. to 3:00 p.m
4. The father shall be responsible for all transportation relating to his periods of
partial custody. If and only if, the father has a valid driver's license, the father
shall pick up and drop off the child at the mother's home currently at 13 South
Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013, on the
assigned dates and times. If the father does not have a driver's license, then a
licensed driver shall do the driving relating to the picking up and dropping off the
child. If this occurs, the father will be present as a passenger.
5. Whichever parent has custody of the child on his Birthday, Thanksgiving,
Christmas, and Easter Sunday shall make the child available to the other parent
for a reasonable amount of time.
6. The mother shall have custody of the child on Mother's day, and the father shall
have custody of the child on Father's day from 10:30 am. until 7:30 p.m. If
c~_-"
" '"
"
I.~.~
..i '
'.
- ~ I
" ~-,
"'Tkl:"
Mother's day falls on the father's custodial weekend, the mother shall have
custody of the child beginning at 10:30 a.m on Mother's day.
7. The mother and father shall be entitled to reasonable telephone access with the
child while the child is in the other's custody.
8. The parties shall keep one another advised of their current address and telephone
number.
9. The father and the mother will notify each other of all medical care the child
receives while in that parent's care. The father and the mother will notify the
other immediately of medical emergencies which arise while the child is in that
parent's care.
10. Neither parent will do anything which may estrange the child from the other party,
or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love and respect for the other parent.
11. This Order is entered pursuant to an Agreement reached by the parties.
BY THE COURT,
1.
cc: Robert 1. Oswalt, Defendant
The Dickinson School of Law Family Law Clinic
--~,-" ,,<~...........,~~~
-
L I.
'i:h_i
., :
JANE M. MOTT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION-LAW
: IN CUSTODY
ROBERT L. OSWALT,
Defendant
: NO.
CIVIL TERM
AGREEMENT AS TO CUSTODY
TillS AGREEMENT, made this LdaY of September, 2000, between Jane M.
Mott, hereinafter mothl;lr, and Robert L. Oswalt, hereinafter father, concerns the custody of the
child James D. Oswalt, bom March 20, 1997.
Mother and father desire to enter into an agreement as to the custody of the child. Mother
and father agree to the following:
I. The mother and father shall share legal custody of the child.
2. The mother shall have primary physical custody and the father shall have periods
of partial custody of the child, as specified in this Agreement.
3. The father shall have custody of the child every other weekend from 12:00 p.m.
Friday to 7:30 p.rn. Sunday. The father shall have custody of the child every
Wednesday and Thursday from 12:00 p.m. to 3:00 p_rn.
4. The father shall be responsible for :ill transportation relating to his periods of
partial custody. If and only if, the father has a valid driver's liceuse, the father
shall pick up and drop off the child at the mother's home at 13 South Hanover
Street, Carlisle, Cumberland Count::.', Pennsylvania, 17013, on the assigned dates
and times. If the father does not ha'.re a driver's license, then a licensed driver
,~""'"'<~<'
I..~ ~
" ,
L'-
"j ~ ~ 0- iiliTh~
shall do the driving relating to the picking up and dropping off the child. If this
occurs, the father will be present as a passenger.
5. Whichever parent has custody of the child on his Birthday, Thanksgiving,
Christmas, and Easter Sunday shall make the child available to the other parent
for a reasonable amount of time.
6. The mother shall have custody of the child on Mother's day, and the father shall
have custody of the child on Father's day from 10:30 a.m. until 7:30 p.m. If
Mother's day falls on the father's custodial weekend, the mother shall have
custody of the child beginning at 10:30 a.m. on Mother's day.
7. The mother and father shall be entitled to reasonable telephone access with the
child while the child is in the other's custody.
8. The parties shall keep one another advised of their current address and telephone
,
number.
9. The father and the mother will notify each other of all medical care the child
receives while in that parent's care. The father and the mother will notify the
other immediately of medical emergencies which arise while the child is in that
parent's care.
10. Neither parent will do anything which may estrange the child from the other party,
or injure the opinion of the child as to the other parent or which may hamper the
free and natural development of the child's love and respect for the other parent.
II. The father has been informed and understands that the Family Law Clinic does
not represent him and cannot give him any legal advice. If the father wants legal
advice on this matter, he understands that he must see his own attorney.
i~
.
~."~ _. .i ,'~. _
12. The parties intend to be bound by the terms of this Agreement and intend that this
Agreement be entered as an Order of the Court.
/C' ." cA(!;"
,... /" "/" ,,' /'
.~. /~. /,' .,"
. ,,' ,Y ,-.,' ". /-:2:
. /. /..yJ ~, ~/j;Y ;;:/
Robert: L. Oswalt
~
(
\
<"~ L.( ,1-
Robe E. Rains V
Thomas M. Place
SUPERVISING ATTORNEYS
Teri L. Henning
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Date:
"/Z5/c~
, ,.
.~~
"' '~;.-
[" -. _J ",,",_doh,..1
~ ~-,
, 'L. 1; __ .0' , ~', J' ",'
" C'O'';''t",:'
. .'
JANE M. MOTT,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
~ NO. {)()- tP6~1L TERM
ROBERT L. OSWALT,
Defendant
ORDER OF COURT
You, Robert L. Oswalt, have been sued in court to obtain custody of the child: James D.
Oswalt, born on March 20, 1997.
You are ordered to appear in person at
.m,for:
, on
, at
, -
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this order, 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
.f..~H-~ ".
~.
n"
,l'
~-~, ""
.'-. ~- -rf
JANE M. MOTT,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
ROBERT L. OSWALT,
Defendant
: NO. 00-
CIVIL TERM
ORDER OF COURT
AND NOW, this day of , 2000, upon consideration of the
attached complaint, it is hereby directed that the parties and their respective counsel appear before,
, the conciliator, at , Cumberland County Courthouse,
on the_day of , 2000, at .m, for a Pre-Hearing Custody Conference.
At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Either party may bring the child who is the subject 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:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing.
~Ill[l
.'
-
~l
.
,LJ
, ..'~,
JANEM. MOTT,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
v.
ROBERT L. OSWALT,
Defendant
: NO.
CIVIL TERM
COMPLAINT FOR CUSTODY
The plaintiff, Jane M. Mott, by her attorneys, the Family Law Clinic, sets forth the following
cause of action:
I. The plaintiff is Jane M. Mott, residing at 13 South Hanover Street, Carlisle, Cumberland
County, Pennsylvania 17013.
2. The defendant is Robert L. Oswalt, residing at 188 Holiday Avenue, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
3. Plaintiff seeks custody of the following child:
Name
Date of Birth
Present Residence
James D. Oswalt
03/20/97
13 South Hanover Street
Carlisle, P A 17013
The child was born out of wedlock.
The child is presently in the custody of Jane M. Mott.
During the past five years, the child has resided with the following persons and at the
following addresses:
Persons
Addresses
Dates
Jane M. Mott
Donald Finkey
Mary Finkey
Joseph Finkey
Wendy
Cheyenne Finkey
Seneca Finkey
Jane M. Mott
Robert L. Oswalt
13 South Hanover St., Carlisle, P A 17013
07/29/00 - Present
OS/26/00 - 07/16/00
09/99 - 03/00
96 Princess Boulevard, Mechanicsburg, PA 17055 07/16/00 - 07/29/00
.c'~_ 0_
~'--
.,,~
." ','.
'ill-'';!
Jane M. Mott
Robert L. Oswalt
Jane M. Mott
Robert L. Oswalt
620 Fifth Avenue, Indiana, P A
03/00 - OS/26/00
3 South High Street, Newville, P A
12/98 - 09/99
Jane M. Mott
Robert L. Oswalt
Jane M. Mott
Robert L. Oswalt
188 Holiday Avenue, Mechanicsburg, PA 17055
1998
53 North Pitt St., Carlisle, PA 17013
1997 - 1998
The relationship of the plaintiff to the child is that of mother. She is divorced. She currently
resides with the following persons:
Name
Relationshin
James D. Oswalt
Child
Donald Finkey Father
Mary Finkey Mother
Joseph Finkey Brother
Wendy Brother's Girlfriend
Cheyenne Finkey Niece
Seneca Finkey Niece
The relationship of defendant to the child is that of father. He is single. He currently resides
with the following persons:
Name
Relationshin
Unknown
Girlfriend
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of this child in this or another court. Plaintiff has no information
of a custody proceeding concerning the child pending in a court of this Commonwealth or another
state. Plaintiff does not know of a person not a party to the proceedings who has physical custody
of the child or claims to have custody or visitation rights with respect to the child.
,'""' '
.
7. The best interest and permanent welfare of the child will be served by granting the relief
requested because:
a) Plaintiff has been primary caretaker of the child since birth;
b) Plaintiff is better able to provide a home with adequate moral, emotional, and physical
surroundings for the child, whose best interests would be served by an award of primary physical
custody to the plaintiff.
10. Each parent whose parental rights to the child have not been terminated and the person
who has physical custody of the child have been named as parties to this action.
11. Plaintiff and Defendant entered into an Agreement as to Custody on September 25, 2000.
The Agreement provides that Plaintiff and Defendant shall share legal custody of the child. Plaintiff
shall have primary physical custody and Defendant shall have periods of partial custody of the child
as specified in the attached Agreement. The parties would like the Agreement to be entered as an
Order of the Court.
WHEREFORE, plaintiff requests the court to grant to her primary physical custody
of the child and enter an Order in the form attached hereto.
Date:ff1/JitD
Marcy E.
Certified L al Int
~~d'
ROBERT E. RAINS
Supervising Attorney
TERI L. HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717/243-2968
,.-,~~' ~,
~~ .
"
.
. "
--14*"
VERIFICATION
I verify that the statements made in this Complaint are true and correct, to the best of my
knowledge, information and belief I understand that making any false statement would subject me
to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities.
Date: 9/37 ko
O.j>.;S;:"T1
III Ollll III
~. Z Cl 3
000,<-<'
51> 5:::'Er
~ ..,Ill
v -u -. ""
)> _.co <:
~~3:o
-...jcn ~
0- :::J
~ CD 5"
(,,)(1)
-
~$~{~fh~1r7J~fl~iPIi!!M:;~0*;;~i15';:;:;~Yi:!~"t'-t~,'-
~ I
I
,
" ,
I
(')t;;l;lo;l"'l~
~....,,""
:;;'~I:J"CI:J
" ::i. ~ g ~. '<
" ~o;;.. 50
~l-d0ll'/l~~
;J>_.~,<5'~
_::; CIl-~ 1l <:
-.loo=r 1:St"':l
::: q~ .",,"
w<'llj:r"f:o) 0-
Na~~g~
00 ~to)O
1.0 _....._
1.0 \J 0 0
o~....,
~ s. t'
" <i ~
e. ~
~~.
t""
~
(')
"
a
"
~
/"""=''''''~-
./ ('''"
fa ~)~~;\
~'!) ~-~
" -'V
\ {j,;
\, , ~/)I
'~".
~\~ I ~\).:s~
..\:>\C(\\\.
i'.i f\\i~
'" ;<(It ,1,
., Ii)
!"'''J
A; C
~ = ~l
Ul
+'. r:~:) "
CJ
!,J.y/ 1.1)
'.;) \.--\,)
,~
MW~~,!!~~j~{i-i3T?;~~nr;f%%:~1?l:~%wi-;;i~!~~,1if!Sj~~~q;
I
j
()..........,
~ ~ ~
.~ ~ ~
""~s:::
~~~
-.]0
0(',)
::;:;....
(/)
;r
~
~~"&1!-
I
JL~
^ - ,,",~j .,'
(l~~~~~
~Z"""i!:
1;;' 0 0"' 0 F
(D =:t ~ CD ..... i<
. p-o-g"
~'"t1(t1tr.l25:t"l
;,;; ~. ,,",< oj" ~
....::;: U'J -~ ~ <:
.....:J tfJ I:T' ~ ('j
8 r:t.5! .{IJ ~
w (tI IJ=--= n Z
Na=oo!5r:;
00 ~S'"o
\0 _...........
\0 \ J ('tI 0
~[~
s. ~ ~
qq'
t'"'
~
(l
"
a
f:l
....tf--"'~
,/ (""',
r '>.',\
f <:))- ,,'{;
t; ~ 't'li
" r) L,,:j
\" U /\^)', "I
''-..Y
. _ 1'~~0dr)\~~
,T.,' re' ~,';;\{~,)\
";~'\\-,'F:..\;)
, \"",,'
f~; ~j
c
c:) ~'1
~::.')
",---'..J
'"
~;1
,.
-~
m
'"
~~~~~~~~
r.......1
S:;:-::>;:I
"oos.
("l 00 v
[[~
=:....... r
~~o
~ > ~
" -< g.
""c'g......
>'"
"
-
-....J
o
1I1
1I1
~~'J8B~-l;*:'8~~~'t!IN.!;f,:{?lf}~~}i;\~n;1Z@{&%It~{;\;,J{i'#!t~d
'L j,\
Q~o;l;;l;l"':l~
::t..,..ctI(IlO
[ttJ"'C'or'"
B g.1l>l 0 ..... i<:
";,;"CO~&.I:"'
:>> "'. ~'$. i3l ~
_.....00<0
-.:JClJI:rEt:l(")
:3 ;<~". "'''
w(1l::rIl>lO-
Na~!416~
00 ::+Il>lO
'0 n~-
'0 " 0
O~....,
~ e. c-
" <i '"
e. ~
qq'
t"""'
~
n
"
a
!!l
..--~
;:r c">,
I "0 ~4
(; ~ '~'j
'\', C) (.-,1;
u /,,"/
,--3-/
:I: 1>\);\\\
~~ Jt~"\,"'~~~~\
f''l .....""1'<::::;;
n1 ,{,
Xl C
C::J (;,
...
"
U1
m
'"
C'.
~ ,
~
"'
~:~":~_~:t:L~L.~
(.,t..,)
0>
i I
~~m%;~~:g1!J4~"lf.)l)U0;11t~fjfllWi,:g:~~%\ft~~0gii~~'M(]J~i-;1t1
I ;'i.,~i:lj
-
IlU
LJ S Dostal Service
~ER1UF!ED MAIL flEG[llf"'!"
jDome::;ffG Mall Only: No Insurance C
overage ProvIded)
Ul
m
l:J
l:J
"-
IT"
IT"
;;r-
Postage $
Certified Fee
'"
r'I
l:J
t:J
Return ReceiPt F:ee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
~ Total Postage & Fees $ /" _....... ./ '
;:; ';fyiT;e;.ame (PL,ease Pjf\t Clearly) (to bf comPfet;;~y :;';r)~;;';'>'''''''
'J;;,~A L. .....uSl.Ualc
~ L~~ NY~7:dJomnAm.m.mn.m.n.mmmmm.mn.mm
~ -C(--S{ate:z,,5~4 - L-,~~u4J~~,-~J!..~-~.___'___~'um~mm.mm_______________.
Ii -C~m~i;t;~it~;;;~"'1-: 2,' and 3. Also' ~o-~Plete
item 4 if Restricted Delivery is desired.
. Print your name and address on the r$verse
so that we can return the card to,you.'
. Attach this card to the back of the mail piece,
or on the front if space penn its.
1. Article Addressed to:
KohE)2.T /..-. 65 Wolt
/9 <t l-!-a;,dAY AflE.
/VIcOll4IJiC58tJe6f fA
1705S'
'IoN (){) MIl{ tjq(f1 tJ(B
~
en
o Express Mail
~eturn Receipt for Merchandise
DC.D.D.
4. Restricted Delivery? (Extra Fee)
~es
2. Article Number (Copy from service fabelj
\ i" i_I"'i IH
. _ J ._ -I -,
PS Fo,", 38'11. July 1999
i II
. I
Ii
flUlHIi' jj /I i1i II! n
Dmrlestic Return Receipt
illill
tl
102595--99-M-1789
. -, ---
-----------
,,-,::',-'--:"c___~m
".."'~ .
JANEM MOTT,
Plaintiff
v.
ROBERT L. OSWALT,
Defendant
"'.
.'
...~,~ ., "~, ""t'&i,'.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
: NO. 00-6605 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcy E. Wright, of the Family Law Clinic, hereby certify that I have served a true and
correct copy of the Custody Complaint and Agreement as to Custody on Robert L. Oswalt, residing
at 188 Holiday Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17013, by U.S. mail,
certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon
receipt by ~on the J.dt:day of ~as evidenced by his
signature on the attached green card.
.
(
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, P A 17013
717-243-2968
. .,
, ,
'~''''aiin''!'i:;-rn11M",iii.~!is~iIi,i1lQ~~itttit'Th,!!;;%'"W~ffi:i:'';.Mffi",!L'tl'<il,tL~~
~'~" """"""',,-
~,.w". ~
-"-~'- 1II . "co
o
Ul~~
P- ;,"
---:_!i",
~~
::~
~~~.
5'
::';::j
--<
r-,
c5
~
W
.-:-)
--J
(~
-,'-'
-!'"i'
~";~
~~
5:J
-<
,..."')
(Xl
"
'II:
11
"
'I"
Ik
:'i
, ,~
'i
'ii
I':
[
I..
!:
I:
Iii
i:
Ji
I~i
Iii
:fj
11
Ii
11
1.1
,
<
I
I
,
'i