HomeMy WebLinkAbout95-07005
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of birth on January 4, 191M, until September 4, 1995, with Brenda K. Gamer, the natural mother;
Steven W. Rowles, the natural father; Mildred Garner, the matemal grandmother; Arthur
Rhoades; and Hope Manlsmlth, daughter of Brenda K. Gamer.
The mother of the child Is BRENDA K. GARNER, currently residing at 19 Green
Meadow Drive, Carlisle, Pennsylvania 17013. She Is not married.
The father of the child Is STEVEN W. ROWLES, currently residing at Box 25-R,
MlffIlntown, Pennsylvania 17059. He Is not married.
4. The relationship of the Plaintiffs to the child Is that of family friend. The
Plaintiffs currently reside with the following people: Stephanie Keller, Scott Kuhn and Steven W.
Rowles, Jr., the child.
5. The reletionshlp of the Defendants to the child Is that of natural father and
natural mother. The Defendants currently reside with the following people: The mother, Brenda
K. Gerner, Is currentiy residing at 19 Green Meadow Drive, Carlisle, Pennsylvania, 17013, with
Kathy McKenzie and Eric McKenzie end Michael Schuck. The father's address Is unknown and
who he resides with Is unknown.
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6. Plaintiffs have not participated as a party or witness, or In any other capacity
In other litigation concemlng the custody of the child In this or another Jurisdiction.
7. The Plaintiffs have no Information of a custody proceeding concemlng the
child pending In a court of the Commonwealth.
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BRENDA K. GARNER AND
STEVEN W. ROWLES,
Defendants
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 7005 - CIVIL - 1995 v"
:
:
:
:CIVIL ACTION - CUSTODY
STEPHANIE ](ELLER AND
SCOTT KUHN,
Plaintiffs
SCOTT KELLER AND DEBRA ](ELLER, :IN THE COURT OF COMMON PLEAS OF
plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA
:
v :NO. 7006 - CIVIL - 1995
:
BRENDA K. GARNER AND
STEVEN W. ROWLES,
Defendants
.
.
.
.
:CIVIL ACTION - CUSTODY
COURT ORDER
AND NOW, this ". day of January, 1996, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as
tollows:
1. At No. 95-7005 above, it i. ordered and directed that
Stephanie Keller and Scott Kuhn shall enjoy legal and
physical custody of Steven W. Rowles, Jr., born January 4,
1994. Brenda K. Garner and Steven W. Rowles, the natural
parents of this minor child, may enjoy periods of temporary
physical custody at such times and under such arrangements
as Hs. Keller and Hr. Kuhn will agree.
2. At No. 95-7006 above, it is ordered and directed that
Scott Keller and Debra Keller shall enjoy legal and
physical custody of Swade Allen Rowles, born December 6,
1994. Brenda K. Garner and Steven W. Rowles, the natural
parents of this minor child, may enjoy periods of temporary
physical custody at such times and under such arrangements
as Hr" and Hrs. Keller may agree.
3. Legal counsel for the Plaintiffs in these actions shall serve
Brenda K. Garner and Steven W. Rowles with a copy of this
Order and the attached Custody Conciliation Report. Such
service shall be accomplished within thirty days and shall be
accomplished either by certified mail, return receipt
requested or by personal service.
4. Brenda K. Garner and Steven W. Rowles may at any time petition
the Court to have this Order reviewed at which time procedural
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i.au.. with re.pect to .tanding and other matter. m.y be
rai..d by H.. Garner or Hr. Ro",le..
BY 'l'HB COURT,
cal Jue. Flotfflr, B.quire
;:J.J..
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S'J'EPHANIB ICELLBR AND
SCO'J''J' KUHN,
Plailltiffs
V
: IN 'J'HB COUR'J' OF COHHON PLEAS OF
:CUHBBRLAND COUN'J'lf, PBNNSlfLVANIA
:
:NO. 7005 - CIVIL - J995
:
" BRENDA K. GARNBR AND
S'J'EVl:N Pi. ROWLBS,
Defendants
.
.
:
:CIVIL ACTION - CUS'l'ODlf
SCO'J''J' ICELLER AND DBBRA ICELLBR, :IN 'J'HB COUR'J' OF COHHON PLEAS OF
Plaintiffs :CUHBBRLAND COUN'J'lf, PBNNSlfLVANIA
V
.
.
:NO. 7006 - CIVIL - J995
BUNDA K. GARNBR AND
S'J'BVl:N Pi. ROWLBS,
Defendants
.
.
.
.
.
.
:CIVIL ACTION - CUS'l'ODlf
COBCILIA'l'ION ccwn:RENCIl smHLRr RIlPOR'J'
IN ACCORDANCB PiI'J'H CUHBBRLAND COUN'J'lf CIVIL RULE OF PROCEDURE
J9J5.3-S(b), the undersigned Custody Conciliator submits the
following report:
J. 'J'he information pertaining to the children who are the subject
of this litigation i. as follows:
Steven Pi. Rowle., Jr., born J~nuary 4, J;94, and Swade Allen
Rowle., born December 6, J994.
2. A Conciliation Conference was held on January 4, J996, with
the following individuals in attendance:
'J'he Plaintiffs named above and their counsel, James Flower,
Jr., B.quire. Neither of the Defendants, who are the natural
parent. of the mentioned children were present at the
conference. 'J'he Plaintiffs understood that both Defendant.
had knowledge of the Conciliation Conference and decided to
not appear.
3. 'J'his i. an unusual case. These two minor children were
previously in the custody of Cathy McKenzie in the summer of
1995. Ms. McKenzie then delivered Swade to the custody of
Scott Keller and Debra Keller in September of 1995 and
delivered Steven to Stephanie Keller and Scott Kuhn in
October of 1995.
. ,~
4. Scott Keller and Debra Keller are married with no children.
Stephanie Keller and Scott Kuhn are living together and
engaged to be married with a scheduled marriage date of
February 3, 1996.
5. Scott Keller and Debra Keller have been taking care of
Swade since September of 1995. The Father has had no
contact with the minor child since that time. The Nother
has had limited contact and only through times when the
Kellers take the child to visit the maternal grandparents
when the Nother may be present.
6. Stephanie Keller and Scott Kuhn have had custody of Steven
since October of 1995. The Father has had no contact with
the child at all and the Nother's only contact is similar
to as set forth above when she may see Steven when Ns. Keller
and Nr. Kuhn deliver Steven to the maternal grandparents for
a visit.
7. The Plaintiffs suggest that the natural parents have exhibited
an inability to care for the two minor children, and the
Plaintiffs are willing and able to provide homes for these
children. Both sets of Plaintiffs have indicated a desire to
proceed with adoption at some time in the future upon consent
of the parties. The Nother has signed a stipulation and
consent allowing custody of the two minor children to go to
the Plaintiffs as requested.
B. The Conciliator recognizes that there may be an issue with
respect to standing and some other procedural issues.
However, it is clear that the Plaintiffs in these cases have
demonstrated a sincere interest in nurturing these children
and it would appear to be in the best interest of the children
to enter an Order in the form as attached.
.
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DATE
re
STEPHANIE KBu.ER and SCOTI
KUHN,
IN nlE COURT OF COMMON pLEAS 0
CUMBERLAND COUNTY, PENNSYLV
CIVIL AcnON - LAW
NO. 95 - 7005 CIVIL TERM
Plaintiffs,
VI.
BRENDA K. GARNER and STEVEN
W. ROWLES,
Defendants.
IN CUSTODY
TO niB PROnlONOTARY:
Please reinstate the Complaint for Custody filed in the above captioned action.
FLOWER, MORGEN1HAL. FLOWER" UNDSAY
Attorneys for the Plaintiffs
\,
By
l
ames D. Flower, r.,
11 Bast High Street
Carlisle, PA 17013
(717) 243-SSl3
I.D. #27742
January 18, 1996
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SHERIFF'S RETURN - REGULAR
CASE NO: 1995-07005 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KELLER STF,J'H~Nn:_J~L1\L___-.-,___
vs.
GARNER BRENDA K.....ET_f\.1-_____
ROBERT L. FINK. SR. . Sheriff or Deputy Sheriff of
CUMBERLAND County. Pennsylvan1u. who being duly sworn uccording
to law. aays. the within REI~STATED ~P_~E1AINT ______ was served
upon GARN~R BRENDA K the
defendant. at 1211<1100 HOURS. 'In t.hE' 25t.h day of ,hIQYaLL__
192.2. at 439 NORTII EAST STRF;!;:L,_____,_____.__.__________.____
CARLISLE. PA 17013 .CUMBERLAND
County, Pennsylvania. by handing to BRf.NDA GARNER
a true and attested copy of the ...aglNSTA~~P COMPI~A~~T
together with QllilM.L...-QL_!<QU.RT IN CUST.QIl.Y..
and at the same t1me din:>cting H<',C attentlon to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
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5.60
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2.00
'l.':5":b"Ql-FLOWER MORGENTHAL FLOWER
02/05/~:96~ ?J
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epu1..Y ;:) H~r.l
Sworn and subscribed to before me
this C} tt: day of J~~H"~J-'-
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Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
NO. 9S - 7()()S CIVIL TERM
STEPHANIE KELLER ami scon
KUHN,
vs.
BRENDA K. GARNER and STEVEN
W. ROWLES,
Defendants.
IN CUSTODY
TO TIlE PROTIlONOTARY:
Please reinstate the Complaint for Custody filed in the above captioned action and
forward it to the Cumberland County Sheriff for service upon the Defendant Steven W. Rowles.
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for the Plaintiffs
March 7, 1996