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BROWN v. BROWN (10/06/65)

decided: October 6, 1965.

BROWN, APPELLANT,
v.
BROWN



Appeal from order of Court of Common Pleas of Potter County, March T., 1965, No. 74, in case of Alan P. Brown v. Edith Rae Brown.

COUNSEL

Harold B. Fink, Jr., for appellant.

John A. Duvall, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Ervin, P. J.

Author: Ervin

[ 206 Pa. Super. Page 441]

This is a habeas corpus proceeding instituted by a father, Alan P. Brown, against the mother, Edith Rae Brown, for custody of their two children, Lloyd Alan Brown, age 6, and Michelle Rae Brown, age 5. The court below awarded the custody to the maternal grandparents, Mr. and Mrs. Ray Hawkins, of Omaha, Nebraska.

The Browns were married on June 2, 1956. At the time of the hearing Mr. Brown was 34 years of age and we assume that his wife was approximately the same age. Mrs. Hawkins is 60 years of age and the record does not reveal the age of Mr. Hawkins. Mr. Hawkins has a malignancy and has received heavy doses of cobalt treatment for this condition. He did not come from Omaha to attend the hearing because of his nervous condition.

The father, Alan P. Brown, is a teacher of mathematics and science in a high school. The parties, prior to their separation, lived in a two-story home in Galeton, Pennsylvania, and there are a number of relatives of both parties living in or near that community. The boy was in the first grade in the school in Galeton and his teacher appeared at the hearing and testified that he was a good student and a happy child and that he wore clean clothes and was in regular attendance at school.

On March 4, 1964 the mother took the two children from their home in Galeton, while her husband was not present. The husband testified that he was not informed

[ 206 Pa. Super. Page 442]

    that she was going to leave. He also stated that she left a note. She was driven to Omaha, Nebraska, by Jim Griffin. Sometime later Mrs. Brown left the children with her parents in Omaha, went to California and obtained work there. She admitted seeing Jim Griffin again while she was in California.

Michelle told her paternal grandmother that on the trip from Galeton to Omaha they stopped in a motel one night and had a room which had two beds in it and that one bed was shared by her brother and her and the other bed was shared by her "Mommy and Jim." She also said that she saw her mother give Jim a "wedding kiss." ...


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