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COMMONWEALTH EX REL. DINSMORE v. DINSMORE (06/13/62)

June 13, 1962

COMMONWEALTH EX REL. DINSMORE
v.
DINSMORE, APPELLANT.



Appeals, Nos. 113 and 114, April T., 1962, from orders of Court of Common Pleas of Greene County, Sept. T., 1959, Nos. 307 and 323, in cases of Commonwealth ex rel. Lawrence B. Dinsmore et al. v. Neysa E. Dinsmore, and Commonwealth ex rel. Neysa E. Dinsmore et al. v. Lawrence B. Dinsmore. Orders affirmed.

COUNSEL

W. Robert Thompson, with him Thompson and Baily, for appellants.

John I. Hook, Jr., with him Scott and Hook, for appellee.

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

Author: Watkins

[ 198 Pa. Super. Page 482]

OPINION BY WATKINS, J.

These are appeals by Neysa E. Dinsmore, the mother relator, from two orders of the Court of Common Pleas of Greene County, Pennsylvania, awarding custody of Anita Ellen Dinsmore, age 16, and Lawrence Douglas Burns Dinsmore, age 10, to their father, Lawrence B. Dinsmore, the respondent.

The parties were married January 22, 1945. At that time the respondent father was a resident of Richhill Township, Greene County, Pennsylvania, and was a Captain in the Merchant Marine. The relator was a resident of the State of Washington and employed by the U.S.O. Anita was born on October 25, 1945, and Douglas on June 21, 1951. After the respondent was discharged from the Merchant Marine he took his wife to live in Richhill Township and in 1956 constructed a ranch type home in which the family lived together until June 4, 1959. We need not go into the personal records of the parties because the court below determined "Both parents are of good character and we do not question the fitness of either at this time." This statement was contained in the order of August 31, 1959, but nothing to the contrary appears in the subsequent opinions of the court below.

[ 198 Pa. Super. Page 483]

Sometime during the month of June, 1959 the relator left home and took the children with her to the State of Oregon. Thereafter the respondent followed them to Oregon and returned with Anita to their common home in Greene County. The relator then instituted habeas corpus proceedings in Greene County on August 18, 1959. After hearing, the court below entered an order awarding custody of both children to the mother relator and providing custodial visitation rights to the father, beginning one calendar week after the closing date of the school year and ending one calendar week before the beginning of the next school year. Neither party appealed this order.

Subsequently, as the court below relates: "Apparently, the said Neysa E. Dinsmore was not content with the order of this Court, for on the 28th day of March, 1960, in the Circuit Court of the State of Oregon for Lane County, in equity, a motion was made by her attorney for temporary custody of said children, restraining Lawrence B. Dinsmore from communicating with Neysa E. Dinsmore or interfering with her custody of the children during the pendency of this suit.

"In the absence of personal jurisdiction over Lawrence B. Dinsmore, he being within the State of Pennsylvania, an order was entered on May 2, 1960, awarding temporary custody of Anita E. Dinsmore, then age fourteen, and Douglas Dinsmore, age nine, during the pendency of said equity proceedings, which order reads as follows: "This matter coming on to be heard upon the Motion and Affidavit of Plaintiff herein for temporary custody of children and a Restraining Order and the Court having considered the same and finding good cause therefor. IT IS HEREBY ORDERED that Plaintiff, Neysa E. Dinsmore, is hereby awarded the ...


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