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Home My WebLink About00-06605 NM JANE M. MOTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY r-~ K-.~ r`' .., ~ ROBERT OSWALT, ~ ~, _-~ Defendant : NO.00-6605 CIVIL TERM ~~ ~ r~-r~ ...~ ~ a•..i 1 PETITION TO MODIFY CUSTODY ORDER ~~~~~ =~'~~i ~, . t_~ _~ -; ._. , ~.; .~ _, ,~.y f _ 1. The petition of Jane M. Mott , by her attorneys, the Family Law Clinic, respectly `~,'~, ~ °~+ •_.,~ represents that on October 6, 2000, an Order of Court was entered for custody of James Oswalt, born March 20, 1997, a true and correct copy of which is attached. Under the existing Order, Mother has primary physical custody of the child. Father has partial custody of the child. 2. This Order should be modified because: a. On numerous occasions since the order was entered Father, Robert Oswalt, has not complied with the order including two six month periods in which he had no contact with the child. b. Father's failure to comply with the Order causes uncertainty in the child's life. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody by providing Father with periods of partial custody to be determined by the parties. Date: alcolm McPherson Certified Legal Intern ~~ THO CE ROBERT .RAINS ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ 1~ C' CERTIFICATE OF SERVICE I, Malcolm McPherson ,Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition Modify C tody Order on the following person by first class U.S. Mail, postage prepaid, this ~ day of , 2010: Robert Oswalt 125 Walnut Street Carrolltown, PA 15722 Malcolm McPherson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 V JANE M. MOTT IN THE COURT OF COMMON PLEAS OF 0 PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA - r' . i ? r v. 2000-6605 CIVIL ACTION LAW ? r d Cn ROBERT OSWALT )> c-s -a - IN CUSTODY c DEFENDAN T *. ORDER OF COURT AND NOW, Friday, November 12, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, December 13, 2010 at 10:30 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 court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn . Man an r. ES Q- Custody Conciliator IF' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street • n 'b °? ?°^"?'? ?`"?' Carlisle, Pennsylvania 17013 N° ,a( Telephone (717) 249-3166 JANE M. MOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAMA ' Qa. CIVIL ACTION - LAW C' V. _ : IN CUSTODY rr; ROBERT OSWALT, v_ Defendant. : NO. 00-6605 CIVIL TI CUSTODY AGREEMENT THIS AGREEMENT, made this day of 2010, between Jane M. Mott, hereinafter Mother, and Robert Oswalt, hereinafter Father, concerns the custody of their 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. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child as follows: a. Father shall have custody of the child on the first Saturday of each month. b. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. 4. The parties may temporarily alter the schedule of physical custody by mutual consent. In the absence of mutual consent, the terms of this Agreement shall control. 5. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical emergencies which arise while the child is in that parent's care. f, 6. 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. 7. Father acknowledges that the Family Law Clinic represented only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 8. The parties intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. r, M. Mott, Plaintiff Robert Oswalt ,Defendant lkl) 7 __ Malcolm McPherson Certified Legal Intern Counsel for Plaintiff RO ERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Counsel for Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 1 . i JANE M. MOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY ROBERT OSWALT, Defendant. : NO. 00-6605 CIVIL TER% ORDER OF COURT W 40? AND NOW, this 7 day of , 2011, upon consideration of the attache"ustody Agreement, it is hereby ordered that the Order of Court dated October 6, 2000 docket to 00- 6605 is hereby modified and shall be as follows: 1. Mother and Father shall share legal custody of the child. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child as follows: a. Father shall have custody of the child on the first Saturday of each month. b. Father shall contact Mother one week prior to his stated periods of partial custody to confirm that he will be exercising partial custody of the child during these stated periods. 4. The parties may temporarily alter the schedule of physical custody by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 5. Mother and Father will notify each other of all medical care the child receives while in the parent's care. Mother and Father will notify the other immediately of medical J emergencies which arise while the child is in that parent's care. 6. 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. 7. Father acknowledges that the Family Law Clinic represented only Mother's interest in this matter and has given him no legal advice other than that he should seek the advice of legal counsel. 8. This Order is entered pursuant to an Agreement reached by the parties. Y TH , J. cc: Robert Oswalt, Defendant The Dickinson School of Law Family Law Clinic 0i? EIA 7, cj? y ._. ;. :...? co t 1 ek ...r,= -TI