Commonwealth Ex Rel. Schwarz v. Schwarz

PRICE, Judge:

This is an appeal from the lower court’s orders (1) granting custody of two minor children to their mother and (2) denying appellant-father’s petition for a rehearing.

Appellee Leah R. Schwarz commenced the instant action by filing what was styled a “petition to confirm custody.” A rule to show cause was issued and a hearing was held on September 22, 1976. At the beginning of the hearing, appellant’s attorney was called before the court. Counsel explained that he had discussed the matter with appellant and that appellant had stated that he had never been served with process. After…