No. 2093 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas. Family Division, of Philadelphia County at Domestic Relations No. D.R. No. 76-01394.
Henry J. Lunardi, Philadelphia, for appellant.
Jon C. Sirlin, Philadelphia, for appellee.
Wickersham, McEwen and Lipez, JJ. Lipez, J., files a concurring opinion.
[ 308 Pa. Super. Page 172]
This is an appeal from an order of the Philadelphia County Court of Common Pleas, which awarded custody of Sean and Michael Boland to their mother, appellee Mary Pamela Leska. The pertinent facts and procedural history are as follows.*fn1
Mary Pamela Leska and William Boland were married in 1964 and divorced in March of 1976. During their marriage two children were born to them; Sean in 1971, and Michael in 1975. At the time of their divorce it was agreed between them that Mary Pamela Leska should have custody of the two boys. Both parents subsequently remarried; Mary to Gerald Leska, and William to Mary Rose Cunningham Boland.
On June 14, 1977, William Boland went to the Leska home, examined the boys and discovered some bruises on Sean: he then took Sean to the Children's Hospital of Philadelphia where Sean was examined by Dr. Steven Ludwig. Dr. Ludwig thought the bruises might be the result of child abuse and so informed the local child protective services agency. William Boland took the boys to his home and refused to return them to the custody of their mother.
[ 308 Pa. Super. Page 173]
Mary Pamela Leska subsequently filed a petition for a writ of habeas corpus seeking the return of the boys to her custody. On September 26, 1977, after a hearing, Judge William J. Lederer ordered the boys returned temporarily to their mother's custody. Numerous hearings were subsequently held at which many witnesses testified as to the boys' abilities, progress and best interests. On August 1, 1980, Judge Lederer issued an opinion and order awarding custody of the boys to Mary Pamela Leska except on certain holidays and vacation periods when their father would have custody. This appeal followed.
Appellant Boland frames the first question involved as follows:
Did the Hearing Court Err as a Matter of Law by Refusing to Consider the Testimony of Numerous Witnesses for Appellant.
Brief for Appellant at 3.
Boland asserts that the hearing court did not consider the evidence of several witnesses based on the following ...