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COMMONWEALTH EX REL. SILVERMAN v. SILVERMAN (11/16/55)

November 16, 1955

COMMONWEALTH EX REL. SILVERMAN
v.
SILVERMAN, APPELLANT.



Appeal, No. 290, Oct. T., 1955, from order of Municipal Court of Philadelphia County, Oct. T., 1943, No. 2802, in case of Commonwealth ex rel. Lillian Silverman v. Samuel Silverman. Order affirmed.

COUNSEL

Morris Passon, for appellant.

William T. Gennetti, Assistant District Attorney, with him Francis A. Biunno and Victor Wright, Assistant District Attorneys, Vincent G. Panati, First Assistant District Attorney, and Samuel Dash, District Attorney, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Woodside

[ 180 Pa. Super. Page 95]

OPINION BY WOODSIDE, J.

This is an appeal from an order of the Muncipal Court of Philadelphia committing the appellant to the House of Correction for failure to comply with a support order.

[ 180 Pa. Super. Page 96]

On October 14, 1943 an order was entered against the appellant in the sum of $10 per week for the support of his wife. On April 26, 1944 the order was increased to $15 per week for the support of wife and child. On June 13, 1947 it was reduced to $10 per week and on August 14, 1947 further reduced to $5 per week for the support of his child.

For approximately half of the time the last order was in effect the appellant paid $10 per week to the Municipal Court officials who forwarded the payments to his wife for the support of his child without allowing any overpayments to accumulate. It does not appear from the record the exact dates when the overpayments were made but they totaled $1025.

Upon petition of the wife, Judge SPAULDING on March 14, 1955 increased the order from $5 to $10 per week for the support of the child - a daughter then 11 years old.Thereupon the appellant reduced his payments to $5 per week. As said by the court below, "We have, therefore, this anomalous situation; the defendant paying $10 a week when the court order required him to pay $5 a week, and paying $5 a week when the court order was increased, thus imposing upon him the duty to pay $10 per week."

After appellant continued to pay only $5 per week for approximately 15 weeks, he was brought before Judge BELOFF, declared in contempt and sentenced to thirty days in the House of Correction.

In this appeal he contends that (1) in view of the fact he had paid a sum in excess of the order made August 14, 1947, the Municipal Court had no authority to declare him in contempt; (2) the committing judge erred by not referring the case back to the judge who increased the order; and (3) ...


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