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COM. ex rel. SHAMENEK v. ALLEN

179 Pa.Super. 169 (1955)

Commonwealth ex rel. Shamenek, Appellant, v. Allen.

Superior Court of Pennsylvania.

July 21, 1955.

Attorney(s) appearing for the Case

Richard W. Cleckner, with him Joseph Nissley and Livengood & Nissley, for appellant.

I. Emanuel Meyers, with him Benjamin L. Levi and Hurwitz, Klein, Meyers & Benjamin, for appellees.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE, and ERVIN, JJ.

OPINION BY ERVIN, J., July 21, 1955:

This is a habeas corpus proceeding in which the father (relator) seeks the custody of his 12-year old daughter, Joanne Shamenek, from Charles Allen and his wife, Evelyn Allen, Joanne's maternal aunt (respondents). The lower court awarded custody to the respondents with visitation rights to the relator.

The relator, who is now approximately 46 years of age, and Anna May Monismith were married in Harrisburg, Pennsylvania...

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