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JOHN J. KOZLOWSKI v. GLORIA H. KOZLOWSKI (04/22/87)

decided: April 22, 1987.

JOHN J. KOZLOWSKI
v.
GLORIA H. KOZLOWSKI, NOW BY CHANGE OF NAME GLORIA H. BERNARDINI, APPELLANT



Appeal from the Order of the Court of Common Pleas, Erie County, Civil Division, at No. 3422 A of 1981.

COUNSEL

James H. Richardson, Jr., Erie, for appellant.

Frank L. Kroto, Jr., Erie, for appellee.

Brosky, Del Sole and Cercone, JJ.

Author: Brosky

[ 362 Pa. Super. Page 518]

This is an appeal from the Order of the trial court which found appellant in contempt and transferred custody of two minor children from the mother (appellant) to the father (appellee).

The issues raised by appellant are as follows: (1) whether appellant complied with all of the court orders, that granted appellee visitation privileges, such that she should not have been held in contempt of court; (2) whether appellant, having been awarded custody of the children, should have been permitted to move with the children outside of the Commonwealth of Pennsylvania; (3) whether the best interests of the children are served by allowing appellant to retain custody of both children; and (4) whether the trial court erred in transferring custody of two teenage children based on a stale and incomplete record.

After a careful review of the record and briefs, we affirm in part and reverse and remand in part.

The procedural history of this case is quite long and complicated. During a five year period the parties have

[ 362 Pa. Super. Page 519]

    filed numerous Petitions for Contempt Citations and Modifications of Visitation. The final Petition filed by appellee, which gave rise to the Order now in question, requested that appellant be found in contempt and that custody be transferred to appellee.

It must also be noted that after appellant took an appeal to this Court, from the Order of the trial court, and while the appeal was pending, she filed a Petition for Modification and Temporary Custody Order with the court of Missoula County, Montana. Because the action in Montana was never instituted until this appeal was already taken, we need not consider the Montana petition as it has no relevance to the order at hand.

Turning now to the actions taken by the Courts of this Commonwealth, we must separate the Contempt Citation ...


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