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COMMONWEALTH EX REL. WILLOUER v. WILLOUER ET AL. (06/15/60)

June 15, 1960

COMMONWEALTH EX REL. WILLOUER
v.
WILLOUER ET AL., APPELLANTS.



Appeal, No. 476, Oct. T., 1959, from order of Court* of Common Pleas of Bradford County, Sept. T., 1959, No. 399, in case of Commonwealth ex rel. James F. Willouer v. Ida Mary Willouer et al. Order affirmed.

COUNSEL

Maurice L. Epstein, with him William G. Schrier, for appellants.

Donald Reuter, for appellee.

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

Author: Watkins

[ 192 Pa. Super. Page 626]

OPINION BY WATKINS, J.

This is an appeal by Ida Mary Willouer, mother of Barbara Catherine Willouer, the minor child, and Edith Pardoe, maternal grandmother of the minor child, respondents-appellants, from an order, in a habeas corpus action, in the Court of Common Pleas of Bradford County, awarding custody of the minor child

[ 192 Pa. Super. Page 627]

    to her father, James F. Willouer, the relator-appellee herein.

The parties were married October 28, 1951. Barbara was born on March 17, 1952, and at the time of the hearing and order was 7 years of age. At the time of the marriage the respondent was 17 years of age and although the record is silent as to the relator's age, the court below, from his appearance, concluded that he too was very young at the time of the marriage. He is employed as a letter carrier at a rate of $2.14 cents an hour and earns approximately Five Thousand ($5000) Dollars annually.

They first went to live on a farm in Sullivan County owned by the relator's parents and used by them for summer and vacation visits. While on this farm, and shortly after their marriage, disagreements arose so that the respondent left her husband for short periods on several occasions. When Barbara was only a few months old the respondent left him and went to live with her parents. He then took the child to his sister's home so that there would be someone to care for the child.

It was at this time that the respondent brought the first habeas corpus action involving the custody of Barbara, but the court evidently was successful in reconciling the parties, because they returned to the farm. In August, 1952, the parties sold their personal property at the farm, and in November 1952 they purchased a home in Levittown which was ready for occupancy on January 1, 1953. While living in Levittown, the respondent got a job as a waitress, working from 4:00 p.m. until 12:00 p.m., in a diner. All the customary household chores and the care of the child were performed by the relator. They quarreled about the ...


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