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KORDICH v. KORDICH (03/24/60)

March 24, 1960

KORDICH
v.
KORDICH, APPELLANT.



Appeal, No. 192, April T., 1959, from order of Court of Common Pleas of Allegheny County, July T., 1955, No. 519, in case of Beatrice E. Kordich v. George Kordich. Order affirmed.

COUNSEL

Ruth F. Cooper, with her Dane Critchfield, for appellant.

L. Kenneth Harkins, for appellee.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 192 Pa. Super. Page 35]

OPINION BY WATKINS, J.

The plaintiff-appellee, Beatrice E. Kordich, commenced an action for divorce from George Kordich, the defendant-appellant, on May 19, 1955. A petition for alimony pendente lite and counsel fees was filed on June 20, 1955. An order followed, awarding the wife $150 per month and counsel fees. On December 5, 1955, a petition for modification was filed and an order followed directing the defendant to pay$100 a month and to make all payments necessary for the maintenance of the home owned by entireties. The order was affirmed on appeal by this Court in Kordich v. Kordich, 182 Pa. Superior Ct. 132, 125 A.2d 471 (1956).

On February 16, 1959, a petition to modify the last order was filed by the wife and an order made on July 27, 1959, directing this husband to pay alimony to the wife in the sum of $300 a month until outstanding arrearages were made up, and thereafter, the sum of $275 monthly. This appeal followed.

The appellee wife, by stipulation, has withdrawn any claim for arrearages so that the only question here involved is the $275 monthly order.

The evidence shows that the husband has gross earnings for 1958 of $13,201.16 from which should be deducted payments for social security of $94.50; withholding taxes of $2,139.28; and hospitalization maintenance insurance plan payments which insure to the benefit of the wife, of $193.90. In addition to the above income the husband receives approximately $100 per year from the net rentals of a property of which he is a part owner. This would leave the husband a net income, for our purposes, of $10,873.58.

The wife had net earnings in 1958 of $1,503.39 and continues as a part time employee at Gimbels. This is an item for consideration by the Court but is not controlling.

[ 192 Pa. Super. Page 36]

The Act of May 2, 1929, P.L. 1237, Sec. 47, 23 PS ยง 47 provides: "In cases of divorce from bed and board, the court may allow the wife such alimony as her husband's circumstances will admit of, but the same shall not exceed the third part of the annual profit or income of his estate, or of his occupation and labor,...." The interpretation of this act, especially as it relates to alimony pendente lite, ...


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