No. 00251 Pittsburgh 1983, Appeal from the Order of the Court of Common Pleas, Civil Division, of Blair County at No. 187 C.P. 1983.
Phillip D. Johns, Altoona, for appellant.
Gregory S. Olsavick, Altoona, for appellee.
McEwen, Olszewski and Popovich, JJ.
[ 335 Pa. Super. Page 623]
This is an appeal from the order of the Court of Common Pleas of Blair County enforcing the custody decree of the District Court of Hennepin County, Minnesota. We affirm.
[ 335 Pa. Super. Page 624]
Appellant, Frank Samuel Friedenberger, Jr., and appellee, Terri Ann Friedenberger, were married on October 28, 1979, in Blair County, Pennsylvania. Their daughter, Angela, the subject of the instant custody dispute, was born on December 15, 1979. The three of them moved to Minnesota on January 4, 1981, and established residence there. Appellant moved back to Pennsylvania in July, 1982. Appellee still resides in Minnesota.
Appellee commenced an action for dissolution of marriage and a custody proceeding on September 27, 1982, in Hennepin County, Minnesota. On October 30, 1982, appellant forcibly and unilaterally removed Angela from her preschool class and brought her to Pennsylvania. Appellee immediately sought and received a temporary custody order in Minnesota. Appellant did not comply but instead filed a separate custody action in Blair County, Pennsylvania, on November 15, 1982.
Meanwhile, appellee proceeded with her Minnesota custody action. A hearing was held on December 6, 1982. The Minnesota court found that although appellant did not appear personally or through counsel, he had been properly served. Prior to making its findings of fact, the Minnesota court took the matter under advisement in order to communicate with the Pennsylvania court as to the issue of jurisdiction. The Minnesota court found, inter alia, Minnesota is the "home state" of the child within the meaning of the Uniform Child Custody Jurisdiction Act and it was the proper forum to determine custody. Thereupon the Minnesota court found appellee "a fit and proper person for the care, custody, and control" of Angela and ordered appellant to give over temporary physical custody of the child to appellee.
Appellee then filed a petition in Blair County, Pennsylvania, to enforce this order. This petition for enforcement was granted and appellant now appeals to this court. Appellant's sole argument rests on his contention that the Blair County Court erred in enforcing the Minnesota order prior to holding a hearing on the merits of appellant's
[ 335 Pa. Super. Page 625]
allegations that Angela would be subjected to physically and emotionally harmful conditions if ...