Trefsgar v. Trefsgar , 261 Pa. Super. 1 ( 1978 )

PRICE, Judge,

dissenting:

The majority proposes abandonment of a decision of the lower court which comports in all regard to our recent pronouncements in prior custody cases. In addition, the majority places weight on a pro confesso decree entered by a Maryland court without hearing. I find absolutely no justification for the substitution of the majority’s judgment in overruling the excellent and well-reasoned opinion of the court below. It is apparently conceded by the parties the newly enacted Child Custody Jurisdiction Act is not applicable to this case, in any event I would hold that it is not. Accordingly, I would affirm the order of the lower court awarding custody to the appellee.

VAN der VOORT, J., joins in this dissenting statement.