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CONNIE R. DELBAUGH v. DAVID L. DELBAUGH (01/18/85)

filed: January 18, 1985.

CONNIE R. DELBAUGH
v.
DAVID L. DELBAUGH, APPELLANT



No. 45 Harrisburg 1984, Appeal from the Order of the Court of Common Pleas, Civil Division, of Snyder County at No. 164 - 1983.

COUNSEL

Maxine K. Lewis, Harrisburg, for appellant.

Wayne A. Bromfield, Lewisburg, for appellee.

Wickersham, Wieand and Hester, JJ.

Author: Wickersham

[ 337 Pa. Super. Page 588]

David L. Delbaugh appeals from the order of the Court of Common Pleas of Snyder County awarding joint custody of his son, Matthew, to him and his wife, Connie.

David and Connie Delbaugh were married on August 22, 1964. Their only child, Matthew, the subject of this dispute, was born on April 9, 1980. Connie filed a divorce complaint on June 23, 1983, requesting custody of Matthew in Count V thereof. She also filed a petition to confirm custody on June 30, 1983. A custody hearing was held on November 16, 1983. Because all of the witnesses did not have an opportunity to testify, the hearing was continued and an interim order dated November 16, 1983 was entered, awarding

[ 337 Pa. Super. Page 589]

    joint custody to the parties with provisions concerning the child's nursery school, holidays, and extra periods of visitation for the non-custodial parent. Because the presiding judge was not retained in the election held a week or two prior to the custody hearing, counsel stipulated to the completion of the record by deposition. A final order was entered on December 29, 1983. This order was substantially a rewording of the order of November 16, 1983.*fn1 No opinion was written by the presiding judge.

Appellant presents two issues for our consideration:

I. Is it appropriate that this honorable court review the custody order of December 29, 1983 despite the absence of an opinion?

II. Is it in the best interest of the child that the father be awarded sole ...


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