No. 559 APRIL TERM, 1976 Appeal from Order of the Court of Common Pleas of Cambria County, Pennsylvania at No. 1975-1494, Civil Division
James R. DiFrancesco, Johnstown, for appellant.
No appearance entered nor brief filed for appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Jacobs, former President Judge, and Hoffman, J., did not participate in the consideration or decision of this case.
[ 263 Pa. Super. Page 188]
This is an appeal by the father of two minor children from an order of the lower court dated February 2, 1976 placing
[ 263 Pa. Super. Page 189]
care, custody, and control of the two children, along with an older adopted son, with the mother. No provision was made for any visitation rights or partial custody rights to the father.
The husband and wife married May 5, 1962. One child, Stephen, was born June 17, 1963, and a second, Jeffrey, was born July 2, 1965. Mrs. Strapple has a third child, Chris, by an earlier marriage, born in 1959, and adopted by Stanley Strapple a year or so after the date of his marriage to Irene.
Husband and wife separated in April 1975, and the wife took over custody of all three children.
The husband filed a Petition for Habeas Corpus on April 30, 1975, but apparently no formal hearing took place on the petition until December 1, and December 23, 1975.
In the meanwhile husband and wife had worked out an arrangement, which lasted until August 1975, by which the wife would have custody of all three children in her home from Monday nights to Friday, each week, with the husband coming in and she moving out from Friday nights to Monday.
From August 1975 to December 1975, due principally to complaints by the two youngest boys of mistreatment by their older half-brother, the husband took them into ...