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COMMONWEALTH EX REL. MCVAY v. MCVAY (03/24/55)

March 24, 1955

COMMONWEALTH EX REL. MCVAY
v.
MCVAY, APPELLANT.



Appeal, No. 257, April T., 1954, from order of County Court of Allegheny County, 1946, No. C-39, in case of Commonwealth of Pennsylvania ex rel. Marion C. McVay v. Herbert C. McVay. Order affirmed.

COUNSEL

Judd N. Poffinberger, Jr., with him John K. Tabor and Kirkpatrick, Pomeroy, Lockhart & Johnson, for appellant.

Ruth N. Cooper, with her Dane Critchfield and Critchfield, Bowman & Cooper, for appellee.

Before Rhodes, P.j., Hirt, Ross, Wright, Woodside and Ervin, JJ. (gunther, J., absent).

Author: Ross

[ 177 Pa. Super. Page 625]

OPINION BY ROSS, J.,

This is an appeal from the order of the court below, entered August 18, 1954, refusing to vacate an order of support and to remit arrearages and strike judgment thereon.

On January 4, 1946 Marion C. McVay, appellee, obtained an order of support of $100 a month against appellant, Herbert C. McVay, in the County Court of Allegheny County, which order on July 29, 1947 was reduced to $80 a month.

The parties were married in Pittsburgh on June 1, 1926 and resided there until their separation on October 14, 1945. In November 1946 appellant went to Florida and on February 1, 1947 there instituted a proceeding in divorce. On April 5, 1948 the Florida court held that appellant had not met the 90-day residence requirement before bringing his action and that the equities of the cause were with appellee, and ordered that the complaint be dismissed and the $80-a-month support order be continued.

Appellant left for Nevada on January 16, 1949 and on March 5, 1949 filed a complaint in divorce in the court of Clark County of that state. Appellee was served by publication but she did not appear, and on April 18, 1949 the Nevada court granted appellant an absolute divorce. He then discontinued payments under the support order. His former secretary, Dorothy Hunter, joined him and on April 23, 1949 they were married in Nevada. On January 10, 1950 the couple moved to California, where they are still residing. By agreement of the parties appellant's deposition, incorporated in this record, was taken in California.

On April 14, 1953 the County Court of Allegheny County, upon petition of appellee, ordered the arrearages on the 1946 support order in the amount of

[ 177 Pa. Super. Page 626]

$2,960 reduced to judgment and entered against appellant, and notice given him by registered mail. Appellant obtained a rule to show cause why the judgment should not be vacated and the support order terminated. On August 18, 1954 the court, after hearing, discharged the rule and ...


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