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HomeMy WebLinkAbout95-04200 ~ 'Q J ~ ~ ~ ~ ~ o . In O"l - ! if u . u ~~I i . fJ ~ '0 ~ ~ * - Uj () J l}o n. :p ~L =:7,: c. r' .:7' - () ..::> r-- ,-. :.:. -" 1:\ ~ oJ () Z 1Il III 0< '" 1Il 0<> '" ..., ~..:I ... C ..:1>< ..., '" >< D.1Il C '0 0 ~ - Z .... C 0 ZZ QJ '" QJ E-< o~ "'... '" III ~D. .... D. QJ 0 :. 0 U o . 0 0 'l5~l~~ u>< Z 1Il Z II: E-< 0<'" 0< . 0 ~~~~~ 1<.Z ..:I,C :c 1<. 00 ..:IE-< 3 ~"l!e 0 ~ . . ~.... E-< E-<U ~~ > ~~ Z . ! t> II: .... !1i 00 ;1~ .... 0< oz :c . ..:I tJo< .... II: D. ..:I .:c II: :;: ~P: .., ~llC 0 :C~ 0< 1<.U tJ E-<1Il 0.... ........ Z~ z> ZII: Z..:I ZP: ....u ~>< ~o< III III .., , . (1M/IiI .-1: .vi"if/1I11 JENNIFER HIMMEL AND DARRICK R. SMITH, Defendants CUSTODY v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (1'" 5 &_.~.J-Ll-'''''r--. ('." (, -'-"^I'h 9 -,C... _1. _:..z.!::!~..'l.' ~ I't-'l' I BENNO J. HIMMEL AND SYLVIA HIMMEL, HIS WIFE, Plaintiffs ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before c,,,,,,,,, I { fld,.. ('1" the conciliator, at I.., :h- (\1 1.1 \ h S\ I""'b~ the 0 J h day of S'b' f, 1"/.1"; , 1995, at ~ .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. I~ ~ the Court, ,,/ ,r I: ,/.." J 'q ./' ) ..... /, n_l.:: (-""(. -rr--...., , (,..~~J/ ,/ 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 IIUG IS 3 02 PH '95 , , ,'elfflet: ':' :~~H~'4h' t.lJP!'ti'.tl1!i (;(""In~ iji"f':'I~'O.J,;f.' ( ;/;1, 9$ &t.:/. t;Yy .~-t't'4~ ~. dfi ~-"I ~"/~ '1~' 'J1t?~"- 1'.-I1l~/ ~ cr~ f"15' '1:>:- ('~ ~u'/ .;.... .5: ~~?' ;# . _. BENNO J. HIMMEL AND SYLVIA HIMMEL, HIS WIFE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JENNIFER HIMMEL AND DARRICK R. SMITH, Defendants 95-CIVIL CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiffs are BENNO J. HIMMEL and SYLVIA HIMMEL, adult individuals, residing at 309 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The defendant/mother is JENNIFER HIMMEL, Age 17, residing at 309 Fireside Drive, Camp Hill, Cumberland County, Pennsylvania. 3. The defendant/father is DARRICK R. SMITH, residing at 2305 Bellevue Street, Harrisburg, Dauphin County, Pennsylvania. Plaintiffs seek custody of the following child: Name Present Residence Age 2 KATLIN NICOLE HIMMEL D.O.B. 7/8/93 309 Fireside Drive Camp Hill, PA 17011 The child was born out of wedlock. The child is presently in the custody of the Plaintiffs, who reside at 309 Fireside Drive, Camp Hill, Pennsylvania. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date BENNO HIMMEL & SYLVIA HIMMEL (GRANDPARENTS) JENNIFER HIMMEL (MOTHER) CHRISTIE HIMMEL (AUNT) 309 Fireside Drive Since Birth 7/8/93 The mother of the child is JENNIFER HIMMEL, currently residing at 309 Fireside Drive, Camp Hill, Pennsylvania. She is single. The alleged father of the child is DERRICK R. SMITH, currently residing at 2305 Bellevue Streett Harrisburg, Pennsylvania. He is single. 4. The relationship of plaintiffs to the child is that of Grandparents. The plaintiffs currently are residing at 309 Fireside Drive, Camp Hill, PA 17011. 5. The relationship of defendants to the child is that of mother and father. The defendant, DARRICK R SMITH, currently resides with the following persons: Name Relationship JESSIE SMITH Grandmother 6. Plaintiffs have 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. 7. Plaintiffs have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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 welfare of the child will be served by granting the relief requested because: a. Grandparents have been the primary caretaker for the child since the child's birth. b. Jennifer Himmel, mother, has been reluctant to accept her responsibility for the child. c. Jennifer Himmel age 17 is currently under the supervision of a Juvenile Probation Officer for theft. d. Darrick Smi th has been reluctant to accept his responsibility as father of the child. e. Darrick Smith has had limited contact with the child since the child's birth. 10. Each 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 respectfully request the Court to award primary physical custody of the child to the plaintiffs. Respectfully submitted, VERIFICATION We, BENNO HIMMEL and SYLVIA HIMMEL, verify that the statements made in the foregoing Petition are true and correct to the best of our knowledge, information, and belief. We understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~ ~ t>l Q ~~ tl ,-'11) ~~----... BENN IMM L Jr jl", ,.; ;L:l'l'J {-e. / SYLVIA HIMMEL Date: ~1'49G " ~!:p 'L"' bB~ I)~ \J..... oJ BENNO J. HIMMeL and I IN THE COURT OF COMMON SYLVIA HIMMEL, his wite, I PLEAS OF CUMBERLAND Plaintitfs I COUNTY. PENNSYl.vANIA I vs. I CIVIIJ ACTION - [JAW I JENNIFER HIMMEL and I NO. 95-4200 CIVIL TERM DARRICK R. SMITH, I Defendants I CUS1'ODY ORDER AND NOW, this Z S'~ day of .s~U:' e.~ . 1995, upon receipt ot the . conciliator's report, it appearing that the Defendant, Jennifer Himmel, was served with the petition and the notice of the conciliator's conference and chose not to appear and . that the Defendant, Darrick R. Smith, was not served because his present whereabouts ,are not known. and it farther appearing that the minor child in this matter. Katlin ,Nicole Himmel, born July 8, 1993, has been residing with the Plaintiffs, who are her maternal grandparents, since her birth. we hereby order as follows: 1. Legal custody and physical custody of the minor child, Katlin Nicole Himmel. ,born July 8, 1993. is hereby awarded to her maternal grandparents. the Plaintiffs. ; Benno J. Himmel and Sylv ia Himmel. 2. The Defendants shall have such rights with regard to the custody of the child ,as they choose to assert by petition to this Court. Until they make sach claim, ,however. we do not enter any order for temporary or partial custody or make any further "resolution of any claims they may seek to raise in the future. By the Court. --4~ /1,/~ Austin F. Grogan. Esquire Attorney for Plaintiff - '1 {,'Jk I~":; ~ fJ. sIa ~~~",..J,..... (h\"'\."~'lt J. SEP Z'J 8 116 ,'iiI 'g~ ; ~ r: l "r , , ~ 0, -. ,.' '. '" ., .. 0 III OJ ~ l<l OJ l< .. < Q j .. z z .. < .. .. ~ :c < 5 ~ ...l t OJ K >- ~ 0 III ..l = "- :II ci "- l<l 0: .. Ol :J S .. .: Co .. ~ 0 rJ < '" z IJl " >- " 0 " :0: Ol ... o. .' r', ;... I ) ;jj:) !-: ; ~ ,- BENNO J. HIMMEL and ) IN THE COURT OF COMMON SYLVIA HIMMEL. his wife. ) PLEAS OF CUMBERLAND Plaintiffs ) COUNTY. PENNSYLVANIA ) vs. l CIVIL ACTION - LAW ) JENNIFER HIMMEL and ) NO. 95-4200 CIVIL TERM DARRICK R. SMITH. ) Defendants ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: None (No Judicial Conflicts) CONCILIATOR CONFERENCB SUKHARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the ! undersigned Castody Conciliator submits the following report: I , 1. The pertinent information concerning the child who is the sUbject of this litigation is as follows: NAME : Katlin Nicole Himmel CURRENTLY IN CUSTODY OF BIRTHDATE 8 July 1993 Plaintiffs 2. A Conciliation Conference was held on 12 September 1995 and the following individuals were present: the Plaintiffs and their attorney. Austin F. Grogan. , Esquire. 3. This is an unusual case because it is grandparents seeking an award of custody I from their daughter. Although it appears that the Plaintiffs and their daughter all , reside in the same home and. therefore. there may be some question about the : grandparents' standing to seek custody. the mother of the child chose not to raise that by failing to appear at the conference after she had been provided notice of that (in (act, the Plaintiffs advised me at the conference that they had spoken with their , daughter the very day of the conference and r.he had. again. stated that she would not participate or appear at the conference. 4. The mother is only 17 years of age but, because she is the mother of the child in question, is emancipated tor purposes of this proceeding. 5. Derrick Smith's paternity of the child has not been clearly established. However. both the Plaintiffs and the other Defendant have identified him as the father, as far as they know. He was not successfully served with notice of this proceeding. Nevertheless, an order should be entered to confirm the custody in the Plaintiffs. 6. In light of all of the above, I have prepared an order just confirming legal and physical custody in the Plaintiffs and reserving the Defendants' rights to challenge that at a later date if they choose to do so. With the entry of this order, no further action is necessary at least at this time. 20 September 1995 ~~.~ Custody Conciliator DBNNO J. HIHHBL and I IN THB COURT OF COHHON SYLVIA HIHHBL, his wife, ) PLBAS OF CUHDBRLAND Plaintiffs ) COUNTY, PBNNSYLVANIA I vs. I CIVIL ACTION - LAW I JBNNIFBR HIHHBL and I NO. 95-4200 CIVIL TBRH DARRICK R. SHITH, I Defendants I CUSTODY ORDBR AND NOW, this day of , 1995, upon receipt of the conciliator's report, it appearing that the Defendant, Jennifer Himmel, was served with the petition and the notice of the conciliator's conference and chose not to appear and that the Defendant. Darrick R. Smith, was not served because his present whereabouts are not known, and it further appearing that the minor child in this matter, Katlin Nicole Himmel, born July 8, 1993. has been residing with the Plaintiffs, who are her maternal grandparents. since her birth, we hereby order as follows: 1. Legal custody and physical custody of the minor child, Katlin Nicole Himmel, born July 8, 1993, is hereby awarded to her maternal grandparents, the Plaintiffs. Denno J. Himmel and Sylvia Himmel. 2. The Defendants shall have such rights with regard to the custody of the child as they choose to assert by petition to this Court. Until they make such claim, however, we do not enter any order for temporary or partial custody or make any further resolution of any claims they may seek to raise in the future. Dy the Court, J. Austin F. Grogan, Bsquire Attorney for Plaintiff sla -,.