Appeal from order of Court of Common Pleas, Family Court Division, of Philadelphia, Nov. T., 1971, No. 15925, in case of Commonwealth ex rel. Frances M. Nevin v. Robin B. Wells.
John J. D'Angelo, with him Melvin Alan Bank, and John Pemberton Jordan, for appellant.
Frank De Simone, with him Mirarchi, De Fino & Coppolino, for appellee.
Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Concurring Opinion by Cercone, J. Hoffman and Spaulding, JJ., join in this concurring opinion.
[ 222 Pa. Super. Page 99]
Concurring Opinion by Cercone, J.:
This is an appeal from a decision of the Family Division of the Court of Common Pleas of Philadelphia awarding custody of a seven-year-old child, Kathryn Wells, to her natural father, appellee.
The appellant in this case is the natural mother of Kathryn. She and appellee were married on January 14, 1964 and divorced on April 29, 1970. Kathryn, the only child born of the marriage, was born October 19, 1964. Both appellant and appellee subsequently remarried; appellant married Thomas Nevin on June 13, 1970 and appellee married Theresa Wells on September 26, 1970. The Nevins have two children from their
[ 222 Pa. Super. Page 100]
marriage. There have been no children born of Mr. ...