Appeal, No. 53, March T., 1958, from order of Court of Quarter Sessions of Mifflin County, Aug. T., 1957, No. 56, in case of Commonwealth v. Clarence F. Bishop. Order affirmed.
John B. Schaner, for appellant.
Horace J. Culbertson, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 185 Pa. Super. Page 363]
This appeal is from the order of support entered September 16, 1957, by the Quarter Sessions Court of Mifflin County in which appellant, Clarence F. Bishop, was ordered to pay the sum of $24.00 per week for the support of his two minor children. The amount of support is not in issue.
On July 13, 1957, Maxine Bowsman, mother of Barbara Kay Bishop, age 15, and Robert Lee Bishop, age 13, filed information against appellant charging him with neglect to maintain their two children in violation of section 733 of The Penal Code of 1939, as amended, 18 P.S. 4733. Appellant moved to quash
[ 185 Pa. Super. Page 364]
the proceedings on the ground that the Court of Common Pleas, on November 9, 1956 to No. 14 January Term, 1957, had entered a consent order in habeas corpus proceedings awarding custody of the two children to him with certain rights of visitation reserved to the mother. This consent order contained no provision for support. The motion to quash was subsequently dismissed and a full hearing on the issue involved was held.
The testimony disclosed that on September 15, 1956, the parents agreed that the children remain in custody of their father and that the mother have rights of visitation during certain week ends, summer vacation and holidays.*fn1 This agreement was substantially incorporated in the habeas corpus proceedings. The children visited their mother during the Christmas holidays in 1956 and thereafter refused to return to the father's home and remained with their mother since January 7, 1957. When the mother called for the children on December 22, 1956, they both cried and did not wish to remain with their father. At that time the boy had no shirt, shoes or socks. The girl's shoes were worn out and her coat was filthy. Her underclothing was dirty and worthless. She had an inward infection which was cured by medical care procured by the mother. She was nervous, high-strung and scared.
Both children testified as to the treatment accorded them by the father. The girl testified that she had been whipped by her father with a belt causing welts, cuts and bruises; that the father struck her fact with his fist and that he threatened to beat her on several occasions. She testified that ...