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COMMONWEALTH EX REL. BRADLEY v. BRADLEY. (11/14/58)

November 14, 1958

COMMONWEALTH EX REL. BRADLEY, APPELLANT,
v.
BRADLEY.



Appeal, No. 353, Oct. T., 1958, from judgment of Court of Common Pleas of Lehigh County, June T., 1957, No. 236, in case of Commonwealth ex rel. Gordon Bradley v. Athena L. Bradley et al. Judgment affirmed.

COUNSEL

Paul A. McGinley, for appellant.

E. G. Scoblionko, with him Scoblionko & Frank, for appellees.

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

Author: Watkins

[ 188 Pa. Super. Page 109]

OPINION BY WATKINS, J.

This is a habeas corpus action in the Court of Common Pleas of Lehigh County involving Gordon Bradley, the paternal grandfather, the relator appellant, Owen Bradley, the father, Athena Bradley Sousa, the mother, and Marguerite G. Trainer and Clarence Trainer, foster parents, the respondent appellees, for the custody of the minor child, Jon Allen Bradley. This appeal is from the judgment of the Court of Common Pleas of Lehigh County awarding custody to he foster parents.

Ownen and Athena Bradley were married on November 4, 1946. Both were residents of Indiana. It was her third marriage. At the time Owen was 21 years of age, Athena 27. Jon was born August 22, 1948. They were separated on October 29, 1949 and divorced on the wife's complaint on February 20, 1950. Custody of Jon was awarded by the Indiana court to Mr. and Mrs. Gordon Bradley, the paternal grandparents with visitation provided to Athena Bradley.

Athena Bradley took the child from the Bradley home at Fort Wayne, Indiana and removed him to Liverpool, Ohio. Owen Bradley started proceedings to regain possession but before service, Athena left Liverpool and took the child to Bethlehem, Pennsylvania. In June of 1950 Athena placed the child in the Trainer home. She was to pay $7 a week for the child's support but only paid a total of $35 to the Trainers. None of the Bradleys knew of the whereabouts of Athena or the child until May of 1957 when they heard he was attending public school in Allentown.

Athena Bradley married Earl Sous on May 23, 1954. This was her fourth marriage. They are both employed and own a comfortable home. They both expressed a willingness and a capacity to have Jon live with them but she indicated satisfaction with the present

[ 188 Pa. Super. Page 110]

    custody status and testified as to the happiness of Jon at the Trainer's home. Owen Bradley remarried in June of 1950 and has four children by this marriage. He expressed a desire to obtain custody but was actually supporting the action of his father and mother.

Gordon Bradley is 60 years of age, his wife 57. He is in the real estate and insurance business in Fort Wayne, Indiana, a man of substance who has raised a family of six children. Clarence Trainer, Sr., is 57 years of age, his wife 48 years of age. He is a truck driver, earning between $5000 and $6000 Dollars per year. The Trainers own their own home and in addition to Jon, a thirty-three year old blind son, Clarence, Jr., lives with them. Jon has been with them since 1950 ...


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