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COMMONWEALTH EX REL. MCLEOD v. SEIPLE. (09/16/60)

September 16, 1960

COMMONWEALTH EX REL. MCLEOD, APPELLANT,
v.
SEIPLE.



Appeal, No. 136, Oct. T., 1960, from order of Court of Common Pleas of Northampton County, Feb. T., 1960, No. 26, in case of Commonwealth ex rel. Marion M. McLeod v. Richard H. Seiple. Order affirmed.

COUNSEL

S. Maxwell Flitter, for appellant.

George Weitzman, with him Charles D. Hogan, for appellee.

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

Author: Wright

[ 193 Pa. Super. Page 132]

OPINION BY WRIGHT, J.

We are here concerned with a controversy between parents, divorced and remarried, involving the custody of their five year old child, Roxanne D. Seiple. The court below awarded custody to the father, Richard H. Seiple, with right of reasonable visitation in the mother, Marion M. McLeod. The mother has appealed. The factual situation appears in the following excerpt from the opinion below:

"Roxanne's parents, Marion M. Seiple, nee Davis, and Richard H. Seiple, were married in the city of Easton, Penna., January 7, 1951. Roxanne was born

[ 193 Pa. Super. Page 133]

November 22, 1954. June 11, 1956, at the suit of Richard, the couple was divorced by decree of the Court of Common Pleas of Northampton County. At that time, Marion lived with her mother, Lenora Davis, in Washington, N.J., and had custody of Roxanne. Marion remained there until the last week of September, 1956, or the first week in October of that year. At that time she gave custody of Roxanne to the child's father, defendant herein.

"October 27, 1956, Marion married Zane Firman Garinger, a member of the United States Air Force. A child of this marriage, Zane Scott Garinger, was born November 11, 1957. On July 25, 1958, the Garingers separated and on December 10, 1958 at the suit of Zane Firman Garinger, the parties were divorced by decree in Chancery to No. 110949-C, in and for the Thirteenth Judicial Circuit of Hillsborough County, Florida.

"On August 17, 1959, the plaintiff, Marion M. Garinger, nee Davis, married Wiley J. McLeod. McLeod, age 23, is an Airman 2nd Class of the United States Air Force. Up to the time of the hearing he had been in the service for a period of three years and eight months. Presently he is located at the MacDill Air Base, Tampa, Florida. He and plaintiff reside at 6303 South Adelia Avenue, Tampa. McLeod's parental home is in Enterprise, Alabama. Presently his monthly income is as follows: $124.00, base pay; $51.30, quarters; $33.00, separate rations. The McLeods reside in a four room house; Kitchen, living room and two bedrooms, for which they pay a monthly rental of $40.00.

"Defendant, Richard H. Seiple, age 29, was remarried February 9, 1957. He and his wife, Perma, reside at 2107 Hay Street, Wilson Borough, and are buying their home under an agreement of sale. Mr. Seiple is a salesman or routeman for Suncrest ...


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