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MARGARET J. ADRIANCE v. RANDY J. ADRIANCE AND VICKI L. ADRIANCE. APPEAL RANDY J. ADRIANCE (05/25/84)

filed: May 25, 1984.

MARGARET J. ADRIANCE
v.
RANDY J. ADRIANCE AND VICKI L. ADRIANCE. APPEAL OF RANDY J. ADRIANCE



No. 02333 Philadelphia 1983, Appeal from the Order of the Court of Common Pleas of Tioga County, Family Division, at No. 565 Civil Division. 1978

COUNSEL

Warren R. Baldys, Jr., Williamsport, for appellant.

Gerald W. Seevers, Williamsport, for appellees.

Spaeth, President Judge, and Beck, and Hoffman, JJ.

Author: Hoffman

[ 329 Pa. Super. Page 171]

Appellant, Randy J. Adriance, contends that the lower court erred in (1) enforcing its previous decree awarding custody of the parties' children to appellee, Margaret J. Adriance, and (2) refusing to recognize the Nevada custody decrees awarding custody to appellant, and the Maryland order recognizing the Nevada decree. We find that the lower court correctly resolved these issues under the Uniform Child Custody Jurisdiction Act (UCCJA), 42 Pa.C.S.A. ยง 5341 et seq., and, accordingly, affirm the lower court's order.

Facts

The parties were married in June of 1972. On April 17, 1978, appellant left the family home in Lawrenceville, Pennsylvania, without warning or notice of his destination, and took with him the parties' two children, who were then ages three and five years old. On May 8, 1978, appellee petitioned the lower court for custody of the children and on

[ 329 Pa. Super. Page 172]

May 9, the court issued a rule to show cause why the relief sought in the petition should not be granted, returnable for a hearing on June 22, 1978. A copy of the petition was served by certified mail dated May 18, 1978, on appellant at his last known address in Denver, Colorado.*fn1 At the June 22 hearing, appellant failed to appear and the lower court awarded custody of the children to appellee.

On June 19, 1978, appellant filed a divorce action in Elko County, Nevada, and service was effected on appellee on June 23. On August 1, 1978, the Nevada court granted the divorce and awarded custody of the children to appellant by default. On October 24, 1978, appellee moved to open the custody portion of the Nevada judgment and for a hearing. On November 10, 1978, the Nevada court granted the motion and held a hearing on January 22, 1978, at which time both parties presented evidence. On January 24, 1979, the Nevada court awarded custody to appellant and visitation to appellee for the month of July each year.

In July, 1979, appellee, exercising her visitation rights, picked up the children from their paternal grandparents' home in Lawrenceville, Pennsylvania, and took them to Maryland, where she had moved. She did not return the children at the end of the month, believing the Pennsylvania custody decree to be valid in Maryland.

Appellant located appellee in Annapolis, Maryland, and petitioned the Maryland court for recognition and enforcement of the Nevada decree. Following a hearing on August 17, 1979, the Maryland court recognized and enforced the Nevada custody decree. Appellee ...


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