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COMMONWEALTH EX REL. NEWEL v. MASON. (04/16/58)

April 16, 1958

COMMONWEALTH EX REL. NEWEL
v.
MASON.



Appeals, Nos. 131 and 173, April T., 1957, from order of Court of Common Pleas of Crawford County, Sept. T., 1956, No. 126, in case of Commonwealth of Pennsylvania ex rel. Kathleen Della Newel, by her father and next friend, John Newel, v. Adam Mason et al. Order reversed.

COUNSEL

Kenneth W. Rice, with him Max B. Maloney, for grandparents, appellants.

J. H. Bozic, with him Bozic & Bozic, for mother, intervening appellant.

Stuart A. Culbertson, with him Paul E. Allen, for father, appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Watkins

[ 186 Pa. Super. Page 129]

OPINION BY WATKINS, J.

These are appeals from the order of the Court of Common Pleas of Crawford County, granting custody of a minor child, Kathleen Della Newel, to her father, John B. Newel, who had instigated the habeas corpus proceedings against Adam Mason and Blanche Mason, husband and wife, the latter, by blood, her paternal grandmother.

At the time of the action the child was in the custody of the Masons, and after its institution the mother of the minor, Elaine Eddy, became an intervening respondent, so that the court below had the problem of determining a contest for custody involving the grandmother, the mother and the father. In this opinion we will so designate the parties.

The facts concerning the parties to the litigation are indeed complicated and we are constrained to say that all of the parties fall short of the expected standards that courts would like to find in deciding custody cases.

The child was born on July 19, 1951 so that at the time of the order on April 18, 1957 she was almost six years old, and at the present time, being still with her grandmother, the appeals acting as a supersedeas, almost seven years old. The respondent, Blanche Mason, is the mother of the relator, John B. Newel. She has been married four times. Her first husband, James

[ 186 Pa. Super. Page 130]

Shiner, was the father of the relator. He died and she married Stavey, with whom she had five children. He also died and she married Richards. This proved an unfortunate marriage and ended in divorce. She married her present husband, the respondent, Adam Mason, in 1942 and they have lived together happily since that time. The Masons have a good reputation and admittedly provided a ...


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