COM. EX REL. OCTAVIANO v. DOMBROWSKI


290 Pa.Super. 322 (1981)

434 A.2d 774

COMMONWEALTH of Pennsylvania ex rel. John OCTAVIANO v. Linda DOMBROWSKI. Appeal of John OCTAVIANO.

Superior Court of Pennsylvania.

Filed September 4, 1981.


Attorney(s) appearing for the Case

Lynne Z. Gold-Bikin, Philadelphia, for appellant.

Linda Dobrowski, did not file a brief on behalf of herself (in pro. per.)

Before WICKERSHAM, McEWEN and WIEAND, JJ.


WIEAND, Judge:

In this custody proceeding, the trial court concluded sua sponte that Pennsylvania was an inconvenient forum and declined to exercise its jurisdiction. Therefore, it dismissed the action. We agree with appellant that this was error.

The appellant, John Octaviano, is the biological father of a child, Nicole, born out of wedlock to the appellee, Linda Dombrowski, on November 3, 1979. The parties, who lived together in Philadelphia for approximately...

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