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Home My WebLink About95-07006 " -, " " ., \- ;', lO CT . ~:, :' .-..... ;,~.;~,: 'i~' ~', co' .' ~;~. " c:\w,51\jMJJdacI'Ultr ,c~ . . SCOTT KELLER and DEBORAH KELLER, DEe C' j995, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil ACTION - LAW NO. 95. 70 (J (:. Plaintiffs, vs. CIVil TERM BRENDA K. GARNER and STEVEN W. ROWLES, Defendants. IN CUSTODY AND NOW, upon consideration of the attached Petition, It Is hereby directed that the partles1.1Pd their respective counsel appear before Hube{t X. Gilroy, Esquire, the Concllletor, on the t" day ofic. "...." 'f , 199k.., at 9! ~ o'clock L.m.. in (., ."",\1 . en. r_l'lch4h~,,... "*,h ~\(YJ l~ (In... ~ '-(lV 0 1(,('In"", , Cumberland County, Pennsylvania, 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. All children age five or older .lJ!so be present at the Conference. Failure to appear at the Conference may provide grounds tbr the entry of a Temporary or Permanent Order. BY THE COURT, \9 ~/S-'15 ~ -1 ~~tL. -5<i, Custody Conciliator 't9:A YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y U DO #40T 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. Date: Court Admlnlltrator, Fourth Floor Cumberland County Court Houl. CarUII., P.nnlylvanla 17013 (717) 240-&200 AMERICANS WITH DISABIUTlES ACT OF 1110 The Court 01 Common Pleas 01 Cumberland County, Pennsylvania, Is required by law to comply w~h the Americana w~h OlsabN~les Act 011990, For Information about accessible facll~les and reasonabla accommodatlona 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. BY THE COURT: Date: J. ,._r.__"n " e fll-EO-QFFlCE 0, 1l1.: FR0THO,'10Ti\'1Y 95 IJE'C , 0 PIl 3: ~ 0 CUMEil:flUND COur 'f( PEN~13Yl.WNi\ \ 1.)./!.9S .;} {'.td: ('~ l.-'UVtuM -$' ~ Id ./!.9S ~ /HJ/ 4 ~~ Ii) ./g.ff '7?~ M~ wtt ~, fJ,4~ ~awf ~ . " a: \.." 11JMl....'Ib... ,coo .~ SCOTT KELLER and DEBORAH KELLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW Plaintiffs, VI. CIVIL TERM NO. 95. BRENDA K. GARNER and STEVEN W. ROWLES, Defendants. IN CUSTODY 1. The Plaintiffs are scon KELLER and DEBORAH KELLER, husband and wife, residing at 807 Sandbank Road, Mt. Holly Springs, Pennsylvania 17065. 2. The Defendants are STEVEN W. ROWLES, residing at Box 25.R, MlflIlntown, Pennsylvania 17059, and BRENDA K. GARNER, residing at 19 Green Meadow DrIve, Carlisle, Pennsylvania 17013. 3. The Plaintiffs seek custody of the child, SWADE ALAN ROWLES. The child was bom out of wedlock. The child Is presently In the custody of Plaintiffs, scon KELLER and DEBORAH KELLER, who reside at 807 Sandbank Road, Mt. Holly Springs, Pennsylvania 17065. During the past five years, the child has resided with the following persons and at the following addresses: At 439 North East Street, Carlisle, Pennsylvania, from the child's date 2 ,,\""I~I_,- ~ of birth on December 6, 1994, until September 4, 1995, with Brenda K. Gamer, the naturll mother; Steven W. Rowles, the natural father; Mildred Gamer, the matamll grandmother; Arthur Rhoades; and Hope Monlsmlth, daughter of Brenda K. Gamer. The mother of the child II BRENDA K. GARNER, currently realcllng at 19 Gr.." Meadow Drive, Carlisle, Pennlylvanla 17013. She II not rMnIed. The father of the child is STEVEN W. ROWLES, currently residing at Box 25-R, Mlffllntown, Pennsylvania 17059. He Is not married. 4. The relationship of the Plaintiffs to the child Is that of family friend. The Plllntlffs currently reside with the following people: Scott Keller, Deborah Keller, Terry Keller, Sandy Keller, and Swade Alan Rowles, the child. 5. The relationship of the Defendants to the child Is thet of natural father and natural mother. The Defendants currently reside with the following people: The mother, Brenda K. Gerner, is currently residing at 19 Green Meadow Drive, Carlisle, Pennsylvania, 17013, with Kathy McKenzie and Eric McKenzie and 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 ,,\wpll~'-,- . r 8. The Plaintiffs do 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 Interest and permanent we".e of the child will be served by granting the relief requested because: a) Tho Plaintiffs can best provide for the physical and emotional needs of the child. b) Neither natural parent Is presently able to provide for the needs of the children. 10. Eech parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiffs request this Court to grant primary physical custody of the child SWADE ALAN ROWLES, to the Plaintiffs. Respectfully submitted, FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff ames D. Flower, r. 11 East High Street Carlisle, PA 17013 (717) 243.5513 1.0. No. 27742 Date: 1/ <Pi'-'l ~ 4 , .' o:\"'I~\MIII,_ ~ I, the undersigned, hereby verlty that the statements mlde herein .,.e true II1d correct. I unc:leratn that fllae statementa herein .,.e made subject to the penlltln of 18 Pa. e.s. . 4904, relating to unsworn fIIslftcatlon to euthoritIet. " ' '. ()~.h 0 wifA , t~ . "1 'NQ bo,...h /J Kt//v' Date: I.L.;U-q s- ':1' :. 5 . .. .,1M~ 1 {;I- STEPHANIE KELLER AND SCOTT KUHN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 7005 - CIVIL - 1995 BRENDA K. GARNER AND STEVEN W. ROWLES, Defendants . . . . . . :CIVIL ACTION - CUS~DY SCOTT KELLER AND DEBRA KELLER, :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 follows: . . . . 1. At No. 95-7005 above, it is 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 Ms. Keller and Mr. 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 Mr. and Mrs. 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 ~ STEPHANIE KELLER AND SCOTT KUHN, Plaintiffs v :IN THE COURT OF COMMON FLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . :NO. 7005 - CIVIL - 1995 BRENDA K. GARNER AND STEVEN W. ROWLES, Defendants . . . . . . :CIVIL ACTION - CUSTODY SCOTT KELLER AND DEBRA KELLBR,: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 CONCILIATION CONFERENCE SUHofARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the children who are the subject of this litigation is as follows: Steven W. Rowles, Jr., born January 4, 1994, and Swade Allen Rowles, born December 6, 1994. 2. A Conciliation Conference was held on January 4, 1996, with the following individuals in attendance: The Plaintiffs named above and their counsel, James Flower, Jr., Esquire. Neither of the Defendants, who are the natural parents of the mentioned children were present at the conference. The Plaintiffs understood that both Defendants had knowledge of the Conciliation Conference and decided to not appear. 3. This is 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 Mother has had limited contact and only through times when the Kellers take the child to visit the maternal grandparents when the Mother 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 Mother's only contact is similar to as set forth above when she may see Steven when Ms. Keller and Mr. 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. Boch sets of Plaintiffs have indicated a desire to proceed with adoption at some time in the future upon consent of the parties. The Mother has signed a stipulation and consent allowing custody of the two minor children to go to the Plaintiffs as requested. 8. 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. . MiL DATE Hubert X. Gilroy, Esquire Custody Concilia or " f C\I f: C\J .' " .:";j..-.. ~f? en I "'i_.'. , , (.\;.; .." ;".?~~ ~~ rl: 0'1 :,.,,\) - ...J ;..~ III :-. L.'...... .i:} in if a!;'; ~4!Cl..: -, . ...;: & II' :.J 0, U -- ~L,.,;"-,_, Il_ '. . SHERIFF'S IlETUHtI CASE NOI 1995-07mOG P COMMONWEALTH OF PENNSYLVANIA' COUNTY OF CUMBERLAND OUT OF COUtlTY KELLER SCOTT._.s'LAL----..-' VS. GARNER [lRENQL.l\ EL.Al,___- ~. Th(1m"q,_~_li!1!'_______-------. Sheriff. vho being duly ElVorn according to lav, says. that he made a diligent search and lnquiry for the vith1n named d"fendant., t.o V1t I _.!\..9J!l-E?--~TEyYdL'!I--.-....---...-. ---..- ----.---..----------.-.--.. ----.-.....---.----.------.----.----------. but. vus unable to locate ...________.J\L'!'..--.--- in his ba1Iivicl~. He therefore deput1-;:ed t.he oh'''I'lff of ___......JJUUJ,Tf\.-_..._._-- County. Pennsylvania, to sene the vithin _fEJtlf.bl\.-tU.L.:-C;U.3T!~J2L...-.-.-. ---------_._._..+._--------_._---_.--._,..._~-_._--_._---- On -E-l?bru.ur.Y____c..tJ.lL-.L'3."('. ___.__' this 01 f J ce v"s in rE'ceipt of the attnch>>,j rE'turn from ____---..JJJU1ATfl--.-.----...---- county. Pennsylvania. Sheriff's Cost:;: DocketinQ Out of County SUI'charge JUNIATA COUNTY So answer::;: ....... .' ../:",/ - /--:/ . tn.. (~~_.....// ~ ......- -.. ;, .. ".. _. ...._. _/ 1... .'.- 11:'" -'Qltl" u"ynTrii.f;'-snei'TTr'---- 6.Ql(1 '3. 0" 2. '1I('71 11. \:10 ,,:!,;':00 FLOWEIl tlfJRGENTliAL FLOWEIl .J.'f l#'-' ll:~/O~J/ 19';)6 I ~j ~;D S~orn and 8ubscribGd tt) hl?tore m~ this _qll;; _ cloJY ni 1.Jlu,..4.7-'" -. 19J,_ A, [I, .._~~ \'1~'- n,/"~~l'" ,Alf~' ~~ '1""ro :11(lf1Ll fir,. . . .. .. . C. ...,.- "'1"1' ~..d ......... .~..y ?~..n~yl,I......I. ~ . In Tna Court cr C::mmon ?le:s C'T ......~".. -.. ......... t ~..... ..... ... Scott Keller and Deborah Keller 'IS. Steven W. Rowles ~o. 95-7006 Civj 1 Term ---. ::_- ~OWt _J_anuary ._O~, 199JL..... :'9---. I. S~:~::' O? C~r.3::?..!.A.'m CO't..ioITY. :'.0\., co h=by c!.."'jNe::: t!:.: Sh::'E cl Juniata Cwu:ty :0 ::::-:-.1t: =.is '.V:::, ... ,.. ., ..I"f ::::J c...-:uc::cu :~"'CP -!t..._ u = ~ =~ :-~ 0 . -... . == :n~:_:i. ,,., 4/.(.#? . r:~oII<'1~ $1c.~ ot C:::::!lul.1:d C~II:n'. ":I. . Aiiidavit or Sem= ~ow, ~9 o':!ca ~L 1=-.-= .. . .... ::a ~t!:izs Pursuant to instructions from the Cumberland county Sheriff's oHice, I am returning this order of Court "Unserved". '.Ipoa u . . .. :y ",r""", :0 ~ cpr of ::0 or=.t-~I .. :mei :=aCe lc:awa :0 == :::n:::s :.':::::i. So :u:sw=. a(;fltmtJ.> r ~~~&I? Shci:i .1 Juniata Collllrr. ?.. II. Thomas Lyter S_r: :mri s:sl:sc:-:i:d bdcrr: =:=~Q.,oi I...JLII" ,1.1'1,,, '.' / ,/ ' . /) ,. - A_J L~ .'<<- COSTS SE:J,:~'CZ nkt:a. "Rn~ S ~au:.-\G;:: .-\.::IDA V11' 2.00 9.00 '09/ .-~ ~---. CHARLOTTE F. BURD PROTllOt,lOTARY MyCw"mll'~~~ filii MondIy In JIn, 2000 REFUND 5 ll.qo $ 64.00 ,- .-&