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SWIGART v. SWIGART (09/16/60)

September 16, 1960

SWIGART
v.
SWIGART, APPELLANT.



Appeal, No. 115, Oct. T., 1960, from order of Court of Common Pleas of Huntingdon County, Sept. T., 1959, No. 39, in case of Ya Li Tong Swigart v. Shelley Sanborn Swigart. Order affirmed.

COUNSEL

I. Newton Taylor, for appellant.

Morris M. Terrizzi, for appellee.

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

Author: Ervin

[ 193 Pa. Super. Page 175]

OPINION BY ERVIN, J.

The defendant, Shelley Sanborn Swigart, appeals from an order of the court below dismissing his preliminary objections in which the only question raised was the jurisdiction of the Common Pleas Court of Huntingdon County to hear this custody proceeding for his minor children.

The parties filed a stipulation containing the following facts:

"1. The domicile of Shelly Sanborn Swigart is and has been in the Borough of Alexandria, Huntingdon County, Pennsylvania, since November 25, 1920, and he never acquired a domicile elsewhere.

"2. The residence of Shelly Sanborn Swigart is and has been in the Borough of Alexandria, Huntingdon County, Pennsylvania, since November 25, 1920.

"3. On October 9, 1958 Shelley Sanborn Swigart filed his Complaint in Divorce to No. 18 December Term, 1958 in the Court of Common Pleas of Huntingdon County, Pennsylvania, and the taking of testimony was commenced in the divorce proceeding on May 21, 1959. The final hearing in divorce was May 23, 1959. No final decree has been entered in the divorce proceeding which is pending before the court.

"4. Since the marriage of the parties Mr. Swigart has temporarily resided in various countries as a result of his ...


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