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HomeMy WebLinkAbout98-03329 III .< ~ ~ ~ ~l '. .-...... ." ~ ~, ~ \' 3' . ~ \ \ \ 1 J .! { \~ =' ' . :;1 .... , '-.J ~j "'J I ~\ '1 ~1 I I I ji / \ I / i i MITCHELL ANTHONY ROWLES. Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 98 - 33.)9 CIVIL ACTION - LAW CIVIL TERM AMANDA LYNN BLEVINS, Defendant/Respondent IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF UNDER Pa.R.C.P. 1915.13 COMES NOW, the Petitioner, MITCHELL ANTHONY ROWLES, through his attorneys, Kayer & Brown. and who does hereby aver as follows: 1. The Petitioner, Mitchell Anthony Rowles is an adult individual residing at 339 Garland Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2, The Respondent in this action. Amanda Lynn Blevins. is an adult individual residing at 339 Garland Drive, Carlisle, Carlisle. Cumberland county, Pennsylvania, 17013. 3. The Petitioner in this action has concurrently filed with this Petition, a Complaint for Custody of one child, Tryston Anthony Rowles, date of birth September 12, 1998, The Petitioner is the father of the child and has lived with him his entire life. 4. The Respondent is the mother of the SUbject child. 5. There is no prior Court Order or agreement pertaining to the custody of the child. 6. Petitioner and Respondent reside together at the same address at 339 Garland Drive, Carlisle, Pennsylvania, to date. 7. The parties anticipate separating in the near future and the Respondent has communicated her intention to return to West Virginia. 8. The Respondent has threatened to take the parties' child with her to West Virginia and deprive the Petitioner of access to the child. 9. Petitioner has been the primary caretaker of the minor child Birth until August 15. 1997: Father. Mother. and two half-sisters (Kayla 1. Rowles and Mariah 1. Rowles) at 4564 Wicklow Place. Apt. 101. Virginia Beach. Virginia 23452. 4. The mother of the child is Amanda Lynn Blevins. 339 Garland Drive, Carlisle, Pennsylvania 17013. She is single. 5. The father of the Mitchell Anthony Rowles. 339 Garland Drive. Carlisle. Pennsylvania 17013. He is single. 6. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following person(s): Name Relationship John Rowles Father Kathryn Rowles Paternal Grandmother Kayla I. Rowles Daughter Mariah I. Rowles Daughter Trystan Anthony Rowles Son Amanda Lynn Blevins Girlfriend/Defendant 7. The relationship of the defendant to the child is that of mother. The Defendant currently resides with child and the following person(s) : Name John Rowles Kathryn Rowles Kayla I. Rowles Mariah I. Rowles Trystan Anthony Rowles Mitchell A. Rowles Relationship none none none none Son boyfriend/Plaintiff 8. Plaintiff has not participated as a party or witness, or in another capacity. in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 9. The best interests and permanent welfare of the child will be served by granting temporary primary physical custody of the child to the Plaintiff as the Defendant is a flight risk. Defendant has warned Plaintiff on several occasions that should he undertake any action to pursue his custody rights, that she would take the child with her to live in West Virginia with her relatives that currently reside there. Granting Plaintiff temporary custody of the child until a Hearing on the merits in this matter will be in the best interest and permanent welfare of the child as it will ensure that the child will not be removed from this juriSdiction pending further action by this Court. The best interests of the child shall also be served by granting Plaintiff permanent primary physical custody. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below. who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right MITCHELL ANTHONY ROWLES, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98 - 3329 CIVIL TERM CIVIL ACTION - LAW AMANDA LYNN BLEVINS, Respondent IN CUSTODY PETITION FOR CUSTODY COMES NOW, Petitioner, Mitchell Anthony Rowles, by and through his attorney, James J. Kayer, Esquire and avers as follows: 1. Petitioner is Mitchell Anthony Rowles, an adult individual, residing at 339 Garland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Amanda Lynn Blevins, an adult individual, whose current address is Bldg. 8, 5th Floor, 1700 South Lincoln Avenue, Lebanon, Lebanon County, Pennsylvania 17042. 3. Petitioner seeks custody of the following child: Name Present Residence Age Trystan Anthony Rowles, 339 Garland Drive, Carlisle, Pennsylvania, born September 12, 1996, 23 months old. The child was born out of wedlock. The child is presently in the custody of father, Mitchell Anthony Rowles, 339 Garland Drive, Carlisle, Carlisle, Pennsylvania 17013. During the past five years, the child has resided with the following person(s) at the below addressees): From August 15, 1997 to the present: Father, Mother, two half-sisters (Kayla I. Rowles and Mariah I. Rowles), and paternal grandparents, Kathryn and John Rowles, at 339 Garland Drive, Carlisle, Pennsylvania 17013. Birth until Augu~1 15. 1997: Father, Mother, and two half.sisters (Kayla I. Rowles and Mariah I. Rowles) at 4564 Wicklow Place, Apt. 101. Virginia Beach, Virginia 23452. 4. The mother of the child is Amanda Lynn Blevins, 339 Garland Drive. Carlisle, Pennsylvania 17013. She is single. 5. The father of the Mitchell Anthony Rowles, 339 Garland Drive, Carlisle, Pennsylvania 17013. He is single. 6. The relationship of Petitioner to the child is that of father. The Petitioner currently resides with the following person(s): Name John Rowles Kathryn Rowles Patemal Grandmother Kayla I. Rowles Daughter Mariah I. Rowles Daughter Trystan Anthony Rowles Son Amanda Lynn Blevins Girlfriend/Respondent 7. The relationship of the Respondent to the child is that of mother. The Respondent currently resides with child and the following person(s): Name Relationship John Rowles none Kathryn Rowles none Kayla I. Rowles none Mariah I. Rowles none Trystan Anthony Rowles Son Mitchell A. Rowles boyfriend/Petitioner 8. Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Petitioner 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. 9. The best interests and permanent welfare of the child will be served by granting primary physical custody of the child to the Petitioner as the Respondent has a documented substance abuse problem. Respondent is currently in residential rehabilitation for abuse of alcohol and drugs. She has advised the Petitioner that upon her release from rehabilitation, it is her intention to enjoy extended rights of physical custody with the child for periods of up to one month at a time. Petitioner's concerns are that the Respondent is subject to further relapses, based upon her history. Granting Petitioner primary physical custody of the child will be in the best interest and permanent welfare of the child as he has maintained steady care of the child since the parties entered into their Custody Agreement and for a significant period of time prior to that event. 10. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. VERIFICATION OF PLEAD)NG~ The foregoing docul11cnt is bnsed upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsc] and not my own. ) have read the statements made in this document am) to the cxtcnt that it is based upon infonnation which 1 llave given 10 my counsel, it is true lInd correct 10 the best of my knowledge, infonnation and belief. To the extent that the contents of the statcments arc that of counsel, 1 have relied upon counscl in making this Verification. ] understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: J) UG- / 7 ;JJ!y~tf@~~ , 1998 , \ C' . , " ", "I' ,..--:, \~". --; ': r. ':l' \', \:i ,'.' I';' .....,...... ~ -.. ~ " .- MITCHELL ANTHONY ROWLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LA W NO. 98.3329 CIVIL IN CUSTODY AMANDA LYNN BLEVINS, Defendant Prior Judge: J. Wesler Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE I915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Trystan Anthony Rowles, born September 12, 1996 2. A Conciliation Conference was held on October IS, 1998, with the following individuals in attendance: The Father, Michael A. Rowles, with his counsel James Kayer, Esquire; and the Mother, Amanda Lynn Blevins, with her counsel Joan Carey, Esquire. 3. The parties agree to an entry of an Order in the form as attached. It is noted that the attached Order includes a restriction that Mother should not allow the children to be alone with Gary Brehm, but Mother's agreement on this is merely to get an agreement at the Conciliation Conference. Mother's firm position is that there is no reason to restrict Mr. Brehm's contact with the children and there is no reason to restrict the children from being alone with Mr. Brehm. In the event the parties have another conciliation or hearing on this matter, it is noted that Mother is not acknowledging any rational for this restriction. (O/;J.O I fJ> DATE Hubert X. Gilroy, Es Custody Conciliato