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COM. ex rel. SCHOLTES v. SCHOLTES

187 Pa.Super. 22 (1958)

Commonwealth ex rel. Scholtes, Appellant, v. Scholtes.

Superior Court of Pennsylvania.

June 11, 1958.

Attorney(s) appearing for the Case

Ivan Michaelson Czap, for appellant.

Robert A. Detweiler, for appellee.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (HIRT, J., absent).

OPINION BY ERVIN, J., June 11, 1958:

The relatrix, Maryann Scholtes, appeals from the order of the court below quashing a writ of habeas corpus for the custody of her daughter, Marybette Scholtes, for lack of jurisdiction of the subject matter.

The parties were married on September 4, 1954 and Marybette was born in Camden, New Jersey, on November 8, 1955. From the time of their marriage until their separation...

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