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HomeMy WebLinkAbout95-00881 I t .~ ;:t: , . I II} I 7 I fO I ! i J ! .>J .~ -;r: ~ J j 1 , I J DO ()o ZZ6L - Cl'Z (L I L) CIOLI Vd 'nlsIIJI!:) . nnUOhV ,(lJoqn'3 l' . 1I01,(lJ9Qn uO!lP.JodJO:)leuoISSOIOJd V UMOJ8 pUB JaAB)f .... . o . Ul < W '0 '0 ..-l c: c: '" A.o <1l III <1l III c: f!.., ..... .... C ",- z <~ ..... c: ~ B >~ Q A.ol'>: I'>: ..... I'>: <1l >- ll! <- .<. W Ul .... ..., "0 0 e ~ ~,!!!~ ~ ~f-< c: c: 0 0 - :r: ..... :r: QJ f-< m "'c: - 8 ~~~ U>-..-l< t.:> <1l t.:> ~..... Ul f-<........-l ::> ~...... ::>WQJ ::> 'g ~ w ~~ ~ z> <:r:A.o <...l0 U 0:::>1--4. a:lt.:> a:lt-' ou z::> zz I'>: ca.2~rii- f-<U z ......< ......< 0 -~.o.~ I'>: 0 Wa:l W ~ CD '" S ....... ::>0 ......>- :r:z :r: 0 >-a- CD- OZ f-<O ...... 0 f-< e - u< uo oW . z as 0.. ~~ ..-l <f-< <::r: . <..-l ...... ~ <( ~t3 WI'>: Ul > < < :r:w ..-l::> 0>- Of-< ..-l ..J f-<a:l ......u ......::r: ...... Ul A.o ~ .> >f-< >>- ::<: Z ::>o......z << <I'>: 0 HUZU...... OU OU U ~~ ~; ~ ~; ::J. ~~ ,,~ ~~ \\ ~~ {, t~ '~, :: .<, p. - .- ...,:.::-> .~ : ' ~:; ,:;. tV " - ....., -.., :!' -" (,:. '~I ,-,;:; '" N .t- V! ~ ~ DA VID A. HEINBAUGH, SR. and CATHY HEINBAUGH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. (?t. dl CIVIL TERM CIVIL ACTION - LAW DA VID A. HEINBAUGH, JR. and CRYSTAL D. ANGLE, Defendants IN CUSTODY ORDER OF COURT AND NOW, this d'?r<\tay of Fe>brw"y ,1995, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before J:}\hp,+ 'I.,~ hey .--, ~I- ^", - D '30/1 , Esquire, Cu~1ody Conciliator on .., I of /',,,,rcT\ ,199~, at f!!:.:::...m., 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 may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. \~r\"~ \~ \0 bt- \"'It\<\ 0-+ Ljih -~\"" (",...\,(" (p_.,\"W.~/. FOR THE COURT, By: -hi~;;I)(~~_ Custody Conciliator -f--.:z;p7 f YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17103 (717) 240-6200 __ .. ~"'d " I. .. .y - --......-..... ~ v DAVID A. HEINBAUGH, SR. and CATHY HEINBAUGH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. q5,t~1 CIVIL TERM CIVIL ACTION - LAW DA VID A. HEINBAUGH, JR. and CRYSTAL D. ANGLE, Defendants IN CUSTODY COMPLAINT FOR CUSTODY COME NOW, Plaintiffs, David A. Heinbaugh, Sr. and Cathy Heinbaugh, by and through their atlomey, James J. Kayer, Esquire, and aver as follows: 1. The Plaintiffs are David A. Heinbaugh, Sr. and Cathy Heinbaugh, residing at 335 Old Mill Road, Carlisle, Cumber]and County, Pennsylvania 17013. 2. The Defendants are David A. Heinbaugh, Jr. and Crystal D. Angle, residing at 40 East Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiffs seek custody of the following children: Name Present Residence Age Shadeaux Marie Heinbaugh, 335 Old Mill Road, Carlisle, PA, born August 8, 1993; Tyler Adam Heinbaugh, 335 Old Mill Road, Carlisle, PA, bom June 15, 1994. The children were bom out of wedlock. The children are presently in the custody of David Heinbaugh, Sr. and Cathy Heinbaugh who reside at 335 Old Mill Road, Carlisle, PA 17013. During the past five years the children have resided with the following person(s) and at the following addressees): From January 23, ] 995 until present - with David A. Heinbaugh, Sr., patemal grandfather, and Cathy Heinbaugh, paternal gnll1dmother at 335 Old Mill Road, Carlisle, PA 17013. From November, 1994 until January 23, 1995 - with David A. Heinbaugh, Jr. and Crystal D. Angle at 40 ~1 Big Spring Avenue, Newville, PA 17241. From Birth until November, 1994 - with David A. Heinbaugh, Sr., paterna] grandfather, Cathy Heinbaugh, paternal grandmother, David A. Heinbaugh, Jr., Father, and Crystal D. Angle, Mother, at 335 Old Mill Road, Carlis]e, PA 17013. 4. TIle Mother of the children is Crystal D. Ang]e currently residing at 40 East Big Spring Avenue, Newville, PA 17241. She is single. 5. The Father of the children is David A. Heinbaugh, Jr., currently residing at 40 East Big Spring Avenue, Newville, PA 17241. He is single. 6. TIle relationship of the Plaintiffs to the children is that of patemal grandparents. The Plaintiffs currently reside with the grandchildren and the following person(s): Name Relationship Michelle Heinbaugh, age 17, and Christopher Heinbaugh, age 15, their children. 7. The relationship of the Defendants to the children is that of Mother and Father. The Defendants currently reside with the following persons: Name Re]ationship None 8. The Plaintiffs have not participated as parties who are witnesses, or in any other capacity, and other litigation conceming custody of the grandchildren in another Court. The Court, term and number in relation to this action: none. 9. The Plaintiffs have no information of a custody proceeding conceming the children pending in a Court of this Commonwealth. TIle Court, term and number is: none. 10. TIle Plaintiffs do not know of a person not a party to the proceedings who has physical cU~1ody of the children or claims to have cllstody or visitation rights with respect to the children. The name and address of such person is: none. II. TIle best interest and pennanent welfare of the children will be served by granting the relief requested because the Plaintiffs can provide a more stable and nurturing environment for the children. TIle Plaintiffs have been in loco purelllis of the children for their entire lives but for a six week period of time. Neither natural Mother nor natura] Father has gainful employment. TIle Mother has a Protection Order against her arising from a PFA that the Father has filed on his own behalf as well as the children. Finally, Children and Youth Services are currently inve~1lgating claims of abuse and neglect of the children by both natural parents. 12. Each parent whose parental rights to the children have not been terminated in the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, the Plaintiffs request this Court to grant custody of the children. A~ v '.. ZZ6L-CvZ (LIL) CIOLI Vd 'O)S!lJC:) . OnUOh\f ,(lJoq'l '3 V . 1I01,(lJoq!l UO!IP.JodJo:)lp.uO!SSilIOJd V UMOJ8 pUB Ja~B)f ~ ~ .:t l' " ~ Ul III <I: I-< III W "0 QJ "0 .... CIl ..-l c: c: c: c: ::> c: C:.., A.. <1l 0 <1l QJ C ",- ..... "0 ~,g >~ Z :E. . .... c: I><: l'! <- 0<1><: ,.. ..... I-< 0 0 o ~ ~l\1C\1 ZA..W V) .... ..., 0- ~ .. .- N ~ f-< QJ III m 8 ~ ~~ 0 ~ ::;. :r: A.. :r: QJ z U>-..-l<l: t.:> ....... t.:> ~I><: 0 ..J-' f-<........-l ::> ~1Il ::>w....... ...... '0 'iii .~!.1 ~z> <:r:..... <..-llll f-< CC:WC:C\I O::>H I a:lt.:>..... a:lt.:>.... H~ caovc_ ou z::>..... ZZC: f-<W ....~ . ~ ~ f-<U Z H<.... ......<<1l w...... CII '" 15 ....... I><: 0 Wa:lC: W "0 A....-l >-- G)- o ...1- :::>0 ......>- :r:z..... :r: . c: W ell ~ III oz f-<Cl ......<1l OQJ >-1><: 0.. ~= U<I: UO . w...... . ..... U ~ < CIl OJ ..-l <l:f-< <:CA.. . <..-l QJ Z..-l ,gO WI><: '" > <0 w< ...I :cw ..-l::> 0>- Of-< t.:>...... f-<a::l HU ......:c ......Ul I><:U ;;: .> >f-< >>- ww Z::JOHZ << <I><: ZA.. HUZUH 0,", OU [.J", h9 \1 '3 IlG f\\ .~~ i '~EI;'Orf\C~ Of 1"~ \ ll': 1l\I)!(O't ~"'l CUl'o\l(P,~~1I0 Cl)\)\\1'l ~e.l\l\S1L~~l\\l J , . DAVID A. HEINBAUGH, SR. and CATHY HEINBAUGH, Plaintiffs/Petitioners IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. q~, ~I CIVIL TERM CIVIL ACTION - LAW DAVID A. HEINBAUGH, JR. and CRYSTAL D. ANGLE, Defendants/Respondents IN CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF UNDER Pa.R.C.P. 1915.13 COMES NOW, the Petitioners, DAVID A. HEINBAUGH, SR., and CATHY HEINBAUGH, through their attorneys, Kayer & Brown, and who do hereby aver as follows: I. The Petitioners, David A. Heinbaugh, Sr. and Cathy Heinbaugh are adult individual residing at 335 Old MiI1 Road, Carlis]e, Pennsylvania, 17013. 2. The Respondents in this action, David A. Heinbaugh, Jr. and Crystal D. Angle, are adult individuals residing at 40 East Big Spring A venue, Newvil1e, Pennsylvania, 17241. 3. The Petitioners in this action have concurrently filed with this Petition a Complaint for Custody of two children, Shadeaux Marie Heinbaugh, date of birth August 8, 1993 and Tyler Adam Heinbaugh, date of birth, June 15, 1994. The Petitioners are the patemal grandparents to these children. The Petitioners have been in loco parentis of these children for their entire lives but for a period from November, 1994 until January 23, 1995. 4. The Respondents are the natural parents of Shadeaux Marie Heinbaugh and Tyler Adam Heinbaugh. Neither parent has had actual physical cu~1ody of the children since January 23, 1995. Previously, the Respondents had physical custody of the children for an approximate six week period of time while residing at their apartment in Newvil1e, PA. Previous to that period of time, the children and the Respondents had resided within the Petitioners' home. .' 5. There Is no prior Court Order or agreement pertaining to the custody of the children. 6. Petitioners believe and therefore aver that the Respondent, Crystal D. Angle currently has a Protection Order against her that was filed at the request of Petitioner, David A. Heinbaugh, Jr. on behalf of himself and the children due to actions of violence and abuse that were directed again~1 himself and the children. These actions include shaking the children and throwing them violently against a couch and the physical striking of the children. These actions of abuse and violence have occurred primarily at the hands of Crystal Ang]e, however, the Petitioners believe and therefore aver that the Respondent, David A. Heinbaugh, Jr. was present for certain of these actions, and did not act to intervene at those times. 7. The Petitioners are also aware of the children's physical and emotional needs that have required professional treatment. Neither Respondent has acted appropriately and each has denied a need for medical attention. The only means by which medical attention has been obtained was through the direct intervention of the Petitioners. 8. When the Respondents resided together at their apartment on Big Spring A venue in Newville, they allowed it to get filthy and cluttered with refuse. 9. The Petitioners believe and therefore aver that the Respondents have left the children unsupervised for significant periods of time when they have had custody of the children. 10. The Petitioners believe and therefore aver that the Respondents are at least three months behind in their rent payments and that they have aliowed other bills including bills for necessary utilities such as electricity and heat to remain unpaid for a significant period of time. Additionally, telephone service to the Respondents' residence has recently been terminated due to lack of payment. ~ DAVID A. liE tNllAOOII , JR. Plnintiff nnd on behalf of the minor children: SllADF..AUX MARIE HEINBAOOII nnd TYLER ADAM IIEINBAOOH, IN TIlE COURT OF COMMON PLEAS OF CUMIlERLAND COUNTY. PENNSYLVANIA v. NO. 95-881 CIVIL TERM CRYSTAL D. ANGLE, Defendnnt PROTECTION FROM ABUSE AND CUSTODY DAVID A. IIEINIlAOOII, SR. and CATIlY HEINBAOOII, IN TIiB COURT OF COMMON PLEAS OF Plaintiffs/Respondents v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-881 CIVIL TERM DAVID A. HE I NJlAOOH, JR. and CRYSTAL D. ANGLE, Defendants/Petitioners CUSTODY PETITION TO DISMISS CLAIM FOR PRIMARY CUSTOOY FOR I..ACK 01' STANDING 1. The petitioner, Dnvid A. Heinbaugh, Jr., hereinafter the father, is represented by Joan Carey of LEGAL SERVICES, INC. The petitioner, Crystal D. Angle, hereinafter the mother, is unrepresented, but is tlware of her right to have representation. 2. The respondents, David A. Heinbaugh. Sr. and Cathy Heinbaugh, hereinafter the grandparents, are represented by James D. Kayer of KAVER Ilr BROIW'l. J. The father and mother reside together at 40 East Big Spring AVenue, Apt. 40, Newville, Cumberland County, Pennsylvania t7241. 4. The grandparents reside at JJ5 Old Mi II Road, Carl isle, Cumberland County, Pennsylvania t70tJ. 5. The petitioners are the natural parents of the children, Shadeaux Mnrie Heinbnugh und Tyler Adum Heinbaugh. 6. The grandparents fi led un Emergency Petition for Special Rei ief Under PIt.R.C.P. t915.tJ and u Complaint for Custod)' for primary custody of the .. . children. An Order of Court was entered on Februnry t7. t995, nwarding tht! grandparents temporary primnry physicnl custody of the children nwnrd Complllint for Custody requesting primllry physical custody of the chi Idren with the parents having partial physiclIl custody of the children no less thlln two days each week. An Order of Court was entered on Februnry 23, 1995, scheduling a conciliation conference for Friday, March 31, 1995, at 10:30 n.m. 7. Grnndparents may seek 1'1' imary custody of grllndchi ldren only if they have stood in loco parentis or if the grnndchildren hnve been declared dependent. Gradwell v. Strausser, 610 A.2d 999 (Pa. Super 1992). 8. Since their births, the chi Idren in this case were cared for primarily by the parents, David A. He inbnugh , Jr. and Crystal D. Angle. While the father, mother, and chi Idren resided wi th the grandparents from October, 1992 unt i I June, t993, and from September, 1994, through October, t994, the grandparents have never exercised parental control or taken responsibility for the children independent from the pllrents. 9. The chi Idren have never been declared dependent by this or any other court. to. The father and the grandparents agreed that the chi Idren stay temporari Iy with the grnndpnrents after n Temporary Protection Order was entered against the mother on behalf of the fnther and the children, but the father and the mother did not intend to give up their pnrentnl rights IInd responsibi lities. WHEREFORE, the petitioner, David A. Heinbaugh, Jr., requests that this Court grant upon the respondents. David A. Heinbaugh, Sf. and Cathy Heinbaugh, a Rule to Show Cause why the respondents' claim for primary custody should not be dismissed for I/lck of st/lnding. The pet i t ioner further requests thnt the Order or Court entered on I'ebruary 17, t995, gmnting the respondents tempol'1lry primnry physical custody of the . chi Idrcn be vuclltcd. The pctitioner, Duvid A. Heinbaugh. Jr., requests any other relief that is just and proper. Respect fu Ily subm I t ted. ~ //1 .. " .. -,.t/ ~1.--7-- o Carey Attorney for Petitioner Dllvid A. He inbllugh , Jr. LFXJAI. SERVICES, INC. 8 Irvine Row Carlisle, PA t7013 (717) 243-9400 . , 4PR '$ 1.9.9$ I:,~ DAVID A. HEINBAUGH, SR., AND CA'l'HY HEINBAUGH, Plaintiffs v DAVID A. HEINBAUGH, JR., AND CRYS'l'AL D. ANGLE, Defendants : IN 'l'HE COUR'l' OF COMMON PLEAS OF :CUHBERLAND COUN'l'Y, PENNSYLVI1NIA . . :NO. 881 - CIVIL - 1995 . . . . :CIVIL AC'l'ION - CUS'l'ODY COUR'l' ORDER AND NOW, this 10 day of ~, 1995, upon consideration of the attached CiiStody Conc~ iat on Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courtroom No.2 of the Cumberland County Courthouse on Wednesday, April 26, 1995 at 1:30 P.M. at which time testimony will be taken in the above case. At this Hearing, the Plaintiffs, David A. Heinbaugh, Sr. and Cathy Heinbaugh, shall proceed initially with testimony. Counsel for the parties shall file with the Court a Memorandum setting forth the history of the custody in this case and also setting forth the appropriate legal arguments with respect to the issue of the grandparent's standing to seek custody in this particular case. 'l'his memorandum shall also provide a list of witnesses that will be called to testify at the Hearing along with a summary of the anticipated testimony of each witness. 2. Pending further Order of this Court, this Court's prior Order of February 17, 1995 giving temporary custody of the minor children to the Paternal Grandparents shall remain in effect subject to the parents, David A. Heinbaugh, Jr. and Crystal D. Angle, exercising physical custody with the children as follows: A. April 1, 1995 at noon until April 2, 1995 at 6 P.M. B. April 7, 1995 at 5 P.M. until April 9, 1995 at 6 P.M. C. April 15, 1995 at noon until April 16, 1995 at 6 P.M. D. April 21, 1995 at 5 P.M. until April 23, 1995 at 6 P.M. E. For two afternoons per week from 1 P.M. until 5 P.M., the days to be arranged by the parties. Absent an agreement, the days shall be 'l'uesday and 'l'hursday. , BY'~ CJ!~ Judge Edgar B. Bayley ~ CC: Joan Carey, Esquire - C~;..., r....~L '1-1 It:. 19S-. James J. Kayer, Esquire _,J. ;t'. ,. .. ... ~ ,., " q.' ~,i ,L'. A..H ~. ~! 'i :. I;" i ~ -1, :',."1 ."1 56. I;V C~ b 0 I H,I~ -' DAVID A. HEINBAUGH, SR., AND CATHY HEINBAUGH, Plaintiffs v DAVID A. HEINBAUGH, JR., AND CRYSTAL D. ANGLE, Defendants :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 881 - CIVIL - 1995 . . . . :CIVIL ACTION - CUS'l'ODY PRIOR JUDGE: JUDGE EDGAR B. BAYLEY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infor.mation pertaining to the children who are the subject of this litigation is as follows: Shadeaux Marie Heinbaugh, born August 8, 1993, and Tyler Adam Heinbaugh, born June 15, 1994. 2. A Conciliation Conference was held on March 31, 1995, with the following individuals in attendance: The Paternal Grandparents, David A. Heinbaugh, Sr., and Cathy Heinbaugh, with their counsel, James J. Kayer, Esquire, and the parents, David A. Heinbaugh, Jr., and Crystal D. Angle, with their counsel, Joan Carey, Esquire. 3. This is essentially a dispute between grandparents and parents. The parents live together, but there has been a history of the children living with the Paternal Grandparents at times also with the parents and, most recently, for a short period of time without the parents. The parents are contesting the grandparent's standing to bring this custody action. The initial Hearing should be for purposes of deter.mining standing only. Once that issue is resolved and in the event the grandparents have standing to bring this action, the matter should be referred back to the Conciliator for further resolution. '1/31 ~ r' DATE 11&f- Hubert X. Gilroy Esquire Custody Concili tor ;.. - the other party, or Injure the opinion of the children as to the other party or which lIay hamper the free and natural development of the children's love or respect for the other party. / By ,the Cour,j{' " ~' '/J Edgar B. ayley, J. I Joan Carey Attorney for David lIeinbaugh, Jr. James D. Kayer Attorney for David lIeinbaugh, Sr. and Cathy lIeinbaugh Crystal D. Angle pro se '. other times mutually agreed upon by the parties. 3. The parties will notify each other Immediately of medical emergencies which arise while the children are in their care. 4. The parties reaiize that the children's well being Is paramount to any differences they might have between themselves. Therefor~, they agree that neither psrty will do anything which lIay estrange the children from the other party, or injure the opinion of the children as to the other party or which may hamper the free and natural development of the children's love or respect for the other party. WIlEREFORE, the parties request that a Custody Order be entered to reflect the above terms. j)~j(/~,:~ -~ David A. Ilelnbaugh, Sr., PI intlff ~!I David A. Ilelnbaugh, c.() ~ t? ~'hlaM'f~ Cathy Ilei augh, Plaintiff /) I /(;WrJ/i ~ J~es D. ~yer Attorney (jor Plaintiffs (tYER AND BROWN 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-7922 ., 1J~<. Davi Ilelnbaugh, Jr. LEGAL SERVICES, INC. a Irvine Row Carlisle, PA 17013 (717) 243-9400