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COMMONWEALTH v. CAMERON (03/21/62)

March 21, 1962

COMMONWEALTH
v.
CAMERON, APPELLANT.



Appeal, No. 17, April T., 1962, from order of Court of Quarter Sessions of Washington County, Sept. T., 1961, No. 373, in case of Commonwealth of Pennsylvania v. Wilfred R. Cameron. Order affirmed.

COUNSEL

Leonard Barkan, with him Alan D. Williams, Jr., for appellant.

Sanford S. Finder, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Flood

[ 197 Pa. Super. Page 405]

OPINION BY FLOOD, J.

Despite the caption of this appeal, this action was brought, not by the Commonwealth, but by Margaret S. Yeager, on behalf of Suzanne Cameron, her minor daughter, against her former husband, the father of Suzanne Cameron.

The complaint avers that the parties were married in 1943, that Suzanne was born in 1945, that the parties were divorced and the defendant, after June 1949, failed to supply fair and reasonable support for the daughter in accordance with his means, and that he has a substantial income.

At the hearing it was stipulated that since the divorce in 1947, Suzanne has been in her mother's custody. The mother, shortly after her divorce, married John Yeager, and has lived with him since. Suzanne lived with them from their marriage until, after this action was commenced, she was taken into custody by the Juvenile Court of Bucks County as an incorrigible and placed in Tekakwitha Hills School.

The child was never adopted by Mr. Yeager, but under date of April 19, 1950, he and his wife, the complainant, executed a written release in favor of the defendant

[ 197 Pa. Super. Page 406]

    for all future liability for the support, education, maintenance and welfare of the child. The consideration was stated to be $225 paid by the defendant to Mr. and Mrs. Yeager. The release recited, inter alia, that Suzanne was living with the Yeagers in the relationship of parents and child, and that it was the desire of John Yeager to assume the duties of parent and father to her.

The court below held that since John Yeager had put himself in loco parentis to Suzanne and released the defendant from all obligation for her support, he became solely and fully liable for her support and consequently ...


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