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GUNTER v. GUNTER

240 Pa.Super. 382 (1976)

Gunter, Appellant, v. Gunter.

Superior Court of Pennsylvania.

March 29, 1976.

Attorney(s) appearing for the Case

Kenneth B. Burkley, with him John A. Kopay, for appellant.

Walter B. Cope, Jr., and Miller and Cope, submitted a brief for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY SPAETH, J., March 29, 1976:

This is an appeal from an order changing the custody of a seven year old boy, whose name is David, from his mother to his father. The order must be set aside and the record remanded with a procedendo. There are two reasons for this conclusion. First, the hearing judge relied on David's statement that he would prefer to be with his father; this statement, however, was...

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