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COMMONWEALTH EX REL. SHEFTIC v. SHEFTIC. (07/21/55)

July 21, 1955

COMMONWEALTH EX REL. SHEFTIC, APPELLANT,
v.
SHEFTIC.



Appeal, No. 8, April T., 1955, from order of Court of Common Pleas of Somerset County, 1951, No. 11, in case of Commonwealth of Pennsylvania ex rel. Anne Sheftic v. Walter J. Sheftic. Order affirmed.

COUNSEL

Archibald M. Matthews, for appellant.

Charles H. Coffroth, for appellee.

Before Rhodes, P.j., Ross, Gunther, Wright, Woodside, and Ervin, JJ. (hirt, J., absent).

Author: Ervin

[ 178 Pa. Super. Page 650]

OPINION BY ERVIN, J.

This is a habeas corpus proceeding instituted on May 19, 1954 by Anne Betters (relatrix), formerly Anne Sheftic, mother of Beverly Sheftic, to obtain custody of the child from Walter J. Sheftic (respondent), father of the child. The lower court, on September 30, 1954, declined the prayer of the petition and continued the custody of the child in the father with the right of visitation to the mother, from which order she appealed.

Theretofore, on March 30, 1951, the lower court had awarded custody to the father with visitation rights to the mother, from which order no appeal was taken. In the opinion accompanying that order, President Judge LANSBERRY said: "Most of the marital difficulties of these parties was caused by an open and notorious love 'affair' on the part of Anne Sheftic with one John Betters, as a result of which Anne Sheftic lost her sense of marital regard for her husband and practically all of her maternal regard for their daughter, Beverly Sheftic, resulting in her living separate and apart from her husband much of the time and away from her daughter part of that same period of time."

The relatrix married John Betters on March 15, 1953 and now resides with her new husband at 788 North Center Avenue, Somerset Borough, Pennsylvania, over a liquor store and beer distributing business.

[ 178 Pa. Super. Page 651]

Mr. Betters is the father of a son by a former marriage which ended in divorce. The son is in the custody of the mother.

In his present argument, counsel for relatrix concedes the correctness of the original order of March 30, 1951 but contends that, because of changed circumstances in the life of relatrix, custody of the child should now be awarded to her.

Beverly Sheftic was born in Boswell, Somerset County, Pennsylvania, on September 9, 1947 and at the time of the first order she was approximately three and one-half years old. At the time of the last order of September 30, 1954 she was seven years old, and at the time this opinion is being prepared she is nearing the age of ...


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