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COMMONWEALTH EX REL. MICHAEL SCOTT NEWCOMER v. JEFFREY KING (06/25/82)

filed: June 25, 1982.

COMMONWEALTH EX REL. MICHAEL SCOTT NEWCOMER
v.
JEFFREY KING, RALPH KING, AND RETHA KING. APPEAL OF PAULA PETERSON



No. 680 Pittsburgh, 1981, Appeal from the Order dated May 21, 1981, Court of Common Pleas, Civil Division, Fayette County at No. 1775 Habeas Corpus.

COUNSEL

Joseph M. Kulik, Pittsburgh, for appellant.

George L. Hallal, Uniontown, for appellees.

Spaeth, Johnson and Hoffman, JJ.

Author: Johnson

[ 301 Pa. Super. Page 241]

This is an appeal from an order awarding custody of a seven year old boy, Michael Scott Newcomer, to his father, Appellee Jeffrey King. After making a complete review of the record, we find the record and opinion below to be

[ 301 Pa. Super. Page 242]

    inadequate, and therefore vacate the order and remand the case for further proceedings consistent with this opinion.

The child in question was born March 16, 1975 to Appellant Paula Peterson. Appellee Jeffrey King is the natural father and Ralph and Retha King the child's paternal grandparents, with whom Appellee Jeffrey King currently resides.

The record indicates that after leaving the hospital a few days after the birth of the child, Appellant and the child resided with Jeffrey King in the home of Ralph and Retha King. There was contradictory testimony offered concerning whether Appellant actually resided in the King home for more than a few days after returning from the hospital.*fn1 In October of 1976, Appellant took up residence in a mobile home located on the King property. The record also indicates that until the summer of 1977, Retha King often cared for the child.*fn2

After a disagreement with Appellee Jeffrey King, Appellant moved in with her parents during the summer of 1977 and filed a habeas corpus action for custody of the child. She was then given temporary custody and moved, along with the child, to her sister's residence in Fayette County. In September of 1977, Appellant moved into a trailer park in Westmoreland County with the child and after reconciling with Appellee Jeffrey King, married*fn3 him on November 3, 1977. Appellant and her husband took up residence together with the child in the trailer. Soon afterward, Appellant took the child and left for Alabama, but returned a few days later, after again reconciling with Appellee Jeffrey King.

[ 301 Pa. Super. Page 243]

Other disputed testimony indicated that Appellee Jeffrey King had abused Appellant physically. Also, there was testimony from Appellant's sister that the child, who referred to Appellant by her first name, told Appellant's sister that Appellant was a bad person and that he had been told by his father that Appellant had tried to kill him. There was also disputed testimony regarding ...


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