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LAVERNE D. HERRON AND FRANCES E. HERRON v. PATRICK SEIZAK AND MONA SEIZAK (12/02/83)

filed: December 2, 1983.

LAVERNE D. HERRON AND FRANCES E. HERRON, HIS WIFE, APPELLANTS,
v.
PATRICK SEIZAK AND MONA SEIZAK, HIS WIFE



No. 1400 Pittsburgh, 1982, Appeal from the Order of the Court of Common Pleas of Washington County, Civil Division, at No. 37 July Term, 1982.

COUNSEL

Sanford S. Finder, Washington, for appellants.

Oliver N. Hormell, California, for appellees.

Brosky, McEwen, and Beck, JJ.

Author: Brosky

[ 321 Pa. Super. Page 467]

This action was initiated by appellants who are the parents of appellee, Mona Seizak and the grandparents of Patricia Mae Seizak. Appellants seek a court order directing appellees to permit them to visit with the appellees' daughter, Patricia Mae Seizak, who was three years of age when the complaint was filed. Patricia resides with her parents who are married to each other. The lower court sustained preliminary objections raised by appellees and dismissed the complaint. We affirm.

[ 321 Pa. Super. Page 468]

Our research has disclosed no cases in Pennsylvania in which our courts have addressed the factual situation present in this case*fn1 in which the grandparents of a child being with both of her natural parents seek to visit the child over the objection of the child's parents.

It is well established that preliminary objections in the nature of a demurrer should be sustained and a complaint dismissed only in cases which are clear and free from doubt. Harkins v. Zamichieli, 266 Pa. Super. 401, 405 A.2d 495 (1979).

In Harkins, supra, we explained further:

To sustain preliminary objections in the nature of a demurrer, it must appear with certainty that, upon the facts averred, the law will not permit recovery by the plaintiff.

Id., 266 Pa. Superior Ct. at 404, 405 A.2d at 497. (citations omitted).

The relevant assertion in appellant's complaint is found in ...


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