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HomeMy WebLinkAbout95-07005 T\'. ~. ,,,,, ',11 ",.', < >, "i,' ,,\"'I~'-," " 1 ! ;i ,. 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. }, 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. 3 ., ,.IAN 1 1 .. tJ, 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 " .' , {, l~ ~:, 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.. 'j. Ju ., . '\ 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. . ~1JL 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 ~ N ~ IN ~ CA ::14 9- 0-' I~ - u:.~ .- ..;: C)::J . ."')- ';' () m :...~.~.~ n. ._1.;, ,I 0- !~- :;';'" ll! ~:' t....iltl r.; :;:~ ~'dl.l.. ""-;' 11. l.O ::; 0 0" U '~.,:- '" \\) 'I I,:,:. . . ..,. ~. ~- 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 50 an:.s"'E:I~: ~r:?/' _ ". //~... ;.;."".!:.,.;-;P'I*'(,....-:, ..,,.._e.....c...c. R-.,.c=- --Iil._..~---,..,:-~rr'.- . lIoma3 .1.oe, ~lIer 1. ..l. 18.00 5.60 .00 2.00 'l.':5":b"Ql-FLOWER MORGENTHAL FLOWER 02/05/~:96~ ?J -. /- .... ...-..!:7-!r. epu1..Y ;:) H~r.l Sworn and subscribed to before me this C} tt: day of J~~H"~J-'- 19 q<t.A.D. ~t1-!,-lYl:A.n~~1o.je';fr~'.'''-''''''''- r-\'-. , ~.. ) .l.. I . '. . ','; "f1 \, Q 0 a: 0 t: ~ CD a: ,.i > t~ 0 ... .-:( a: ir) ...j' a I 0: II] ii: ...0 ~ ~,; ;1 _A F~ .U ::.>. LL at: LL <{ ~ g t Q ~ I I 3 v; JWIJ. 3 va ~ 301M:13S a3.ld~3llV i,- " ,~ , -, I 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