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JANET BEM v. AUGUST BEM (07/15/83)

filed: July 15, 1983.

JANET BEM
v.
AUGUST BEM, APPELLANT. AUGUST BEM V. JANET BEM, APPELLANT



No. 936 Pittsburgh 1982, No. 1185 Pittsburgh 1982, APPEAL FROM THE ORDER OF JULY 6, 1982 IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, CIVIL, NO. P-1981-2403 CV, DR 570-81CH DOM. REL., and Order dated 9/14/82, Civil Action at No. 1981-3903, No. 1768 Philadelphia 1982, APPEAL FROM THE ORDER ENTERED MAY 14, 1982 IN THE COURT OF COMMON PLEAS OF CHESTER COUNTY, CIVIL, NO. 208 SEPT. TERM, 1981.

COUNSEL

Thomas R. Wilson, West Chester, for appellant (Nos. 936 and 1185) and for appellee (No. 1768).

Myron H. Deutsch, Philadelphia, for appellant (No. 1768) and for appellee (Nos. 936 and 1185).

Cercone, President Judge, and Rowley and Cirillo, JJ.

Author: Cirillo

[ 316 Pa. Super. Page 391]

In this appeal we are asked to determine the appropriate court in which matters of custody and visitation should be resolved.

[ 316 Pa. Super. Page 392]

The parties were married in Cambria County on February 23, 1974. The only child born of this marriage was a son, James Christian, on June 15, 1975 in Chester County. The parties lived in Chester County but maintained close ties and often visited their families who lived in Cambria County.

On June 9, 1981, Mrs. Bem and her son went to Cambria County to visit her family. Subsequently, an altercation between the parties took place at the home of Mrs. Bem's parents. On June 22, 1981, Mrs. Bem filed a Complaint in Divorce in Cambria County seeking support, custody, alimony pendente lite, counsel fees and expenses, alimony and equitable distribution of property. The father filed an Answer and New Matter on August 18, 1981. Then, on September 1, 1981, he filed a Complaint to confirm custody in Chester County. The Court of Common Pleas of Chester County issued a Rule on September 15, 1981, directing a conciliation conference and awarding temporary custody to the father. Thereafter, on September 29, 1981, Mrs. Bem filed a petition for custody in Cambria County and was awarded temporary custody. Both parties filed preliminary objections to the adverse custody awards and raised questions of jurisdiction.

The Cambria County Court ordered a conference to be scheduled in Cambria County for October 23, 1981. The father and his counsel appeared and objected to the jurisdiction of the Cambria County Court. The Custody and Visitation Officer recommended a hearing because of the jurisdictional dispute.

On November 5, 1981, the father initiated an action for divorce, support, custody, attorney's fees and expenses and equitable distribution of property in Chester County. Mrs. Bem filed preliminary objections, raising the issue of jurisdiction.

On March 17, 1982, a hearing was held in Cambria County before a Hearing Officer to determine child support. The father objected to jurisdiction, did not appear, and the Officer ...


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