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COMMONWEALTH EX REL. DOBERSTEIN v. DOBERSTEIN. (06/12/63)

June 12, 1963

COMMONWEALTH EX REL. DOBERSTEIN, APPELLANT,
v.
DOBERSTEIN.



Appeal, No. 86, Oct. T., 1963, from order of Court of Common Pleas of Montgomery County, Nov. T., 1959, No. 437, in case of Commonwealth ex rel. Eileen M. Doberstein (now Eileen M. Lancaster) v. Fred J. Doberstein. Order affirmed.

COUNSEL

Conrad G. Moffett, for appellant.

Roy Pressman and Marlyn F. Smith, with them High, Swartz, Roberts & Seidel, for appellee.

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

Author: Watkins

[ 201 Pa. Super. Page 103]

OPINION BY WATKINS, J.

This is an appeal from the order of the Court of Common Pleas of Montgomery County, in a habeas corpus case, denying the petition brought by Eileen Doberstein, the appellant relatrix, mother of the minor children, Mary Eileen and Margaret, age 13 and 9, respectively, and awarding their custody to their father, Fred J. Doberstein, the appellee respondent.

The mother is 35 years of age. She resides at Yardley and Langhorne Roads, Woodside, Pennsylvania. She is employed as a nurse at the Mercer Hospital in Trenton, New Jersey and earns approximately $5000 yearly. The father is employed as a maintenance machinist leader at Philadelphia Gear Corporation and earns approximately $170 per week.

The parties were married on November 29, 1948. On May 15, 1958 the mother left the marital home while the father was away on two weeks active duty with the Naval Reserve. She took Mary Eileen with her and left Margaret in the care of relatives with instructions to turn her over to the father. Margaret is a mentally retarded child. On August 18, 1958 the mother obtained a divorce in Nevada. The father has had sole custody of Margaret since May of 1958.

After obtaining her divorce in Nevada, she returned to this area and lived in a one bedroom apartment in Collingswood, New Jersey, where she and Mary Eileen lived until June of 1959. On June 14, 1959 the father took Mary Eileen from this home to his own home and refused to return her. Subsequent negotiations made for visitation rights through the court were never satisfactorily concluded.

In March of 1960 the mother married Lawrence G. Lancaster whose name appears in the record as the one responsible for the separation of the parties. This was

[ 201 Pa. Super. Page 104]

    his second marriage. He is employed as a guard at the institution for the criminally insane at Trenton, New Jersey and earns $4800 annually. There are no children of this marriage ...


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