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JON M. W. v. BRENDA K. (06/27/80)

filed: June 27, 1980.

JON M. W., APPELLANT,
v.
BRENDA K.



No. 790 April Term, 1979, Appeal from the Order of the Court of Common Pleas of Allegheny County, Pennsylvania, Family Division, entered August 21, 1979, at No. D1845 of 1977 Custody.

COUNSEL

Vincent A. Colianni, Pittsburgh, for appellant.

John J. Condrige, Pittsburgh, for appellee.

Spaeth, Wickersham and Lipez, JJ.

Author: Wickersham

[ 279 Pa. Super. Page 52]

On August 21, 1979, the Court of Common Pleas of Allegheny County entered an order granting custody of appellant's two daughters to their mother. This appeal followed:

[ 279 Pa. Super. Page 53]

I

Brenda and Jon were married in 1969 and had two children, Heather, born in 1970, and Holly, born in 1972. Serious marital difficulties arose and the parties separated in July 1976. Brenda left the home and the children remained with the father. After her departure, Brenda remained in the area to work. In the late fall of 1976, she was involved in a severe automobile accident which resulted in a month of hospitalization. Brenda suffered emotional problems during this period and at one time attempted suicide. Her health improved, however, and she was able to return to work in March 1977. The parties were divorced in January 1978. In September 1978, Brenda married Bryan K. On December 1, 1978, Brenda took the children and refused to return them. The police intervened on December 5, 1978, and returned the children to Jon W. He commenced custody proceedings a few days thereafter.*fn1

After the separation, Jon W. continued in his position as a systems engineer for Westinghouse Corporation. Heather and Holly remained with their father in the family home. Their home was located on a cul-de-sac, situated in a family neighborhood, and the girls had many friends close by. Heather and Holly attended a local public school. Although baptized in the Catholic faith, the girls became Methodists and attended church with their father.

II

It is well settled that the primary concern in child custody cases is the best interests of ...


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