Appeal, No. 146, March T., 1962, from orders of Court of Common Pleas of Allegheny County, April T., 1961, No. 107, in case of Commonwealth ex rel. Mark Alistair Beghian and Claudia Michele Beghian, by Mario A. Beghian, father and natural guardian, v. Betty Ann Beghian. Orders modified and affirmed.
Sylvan Libson, for appellant.
Max U. Applebaum, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
OPINION BY MR. JUSTICE O'BRIEN
Mario A. Beghian, appellant and Betty Ann Beghian, his wife, were living together in Milan, Italy. In the summer of 1960 they came to Allegheny County for a visit accompanied by their children Mark Alistair, 6 years old and Claudia Michele, aged 4 1/2 years. The children were born in Milan and their father is a naturalized citizen of the United States of America while their mother is a native born citizen of the United States.
When the time came to return to Milan, Italy where appellant is employed as general manager of the Italian division of a United States corporation, his wife refused to return with him and retained the children with her. Appellant returned to Allegheny County and instituted habeas corpus proceedings in which a consent order of court was filed on January 10, 1961, the material
portions being as follows: "[children] are to remain in the custody [of mother] and reside with her in Allegheny County, subject to visitation rights and custody rights in the [father] as follows: 1. During the summer vacation period from July 1 to September 1, the Petitioner-Relator shall have the right of custody at his expense to pick up the children in Allegheny County, by himself or by some proper person of his choice, and to bring them to his residence in Milan, Italy, and have sole custody of the children for such period annually, and to return the children safely to their mother's residence on or before September 1. ... 4. The Petitioner-Relator shall furnish reasonable bond with corporate surety or cash conditioned for compliance with his obligations under the custody provisions of this Order of Court in the sum of $2,500.00."
Appellant did not return the children to their mother in Allegheny County on September 1, 1961 and refused to return them. He has instituted proceedings in the Italian courts for custody of the children.
The court below in an order of October 18, 1961, ordered that "Mario A. Beghian is declared to be in criminal and civil contempt of this court; and, by way of repetition of the Order of this Court of January 10, 1961, Mario A. Beghian is herewith and hereby ordered and required immediately and forthwith to return the two children, Mark Alistair Beghian and Claudia Michele Beghian, to Betty Ann Beghian in Allegheny County. ... (e) A fine, in the form of a judgment, is hereby entered in the sum of $25,000.00, payable to Commonwealth of Pennsylvania ex rel. Mark Alistair Beghian and Claudia Michele Beghian. This judgment shall be enforced by executions and ...