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COMMONWEALTH EX REL. KANE v. KANE (09/16/60)

September 16, 1960

COMMONWEALTH EX REL. KANE
v.
KANE, APPELLANT.



Appeal, No. 178, Oct. T., 1960, from order of Municipal Court of Philadelphia County, Domestic Relations Division, No. 218511, in case of Commonwealth ex rel. Gloria Kane v. Bernard Kane. Order affirmed.

COUNSEL

Malvin L. Skaroff, with him Skaroff and Skaroff, for appellant.

Sydney Finkelstein, with him Herbert S. Levin, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Wright

[ 193 Pa. Super. Page 99]

OPINION BY WRIGHT, J.

This is an appeal by Bernard Kane from an order of the Municipal Court of Philadelphia County requiring him to pay the sum of $60.00 per week for the support of his two minor children, Andrea Kane, born December 8, 1948, and Sherri Kane, born August 26, 1953.

[ 193 Pa. Super. Page 100]

The children are in the custody of their mother, Gloria Kane, by virtue of an order of the Court of Common Pleas of Montgomery County.

Bernard and Gloria were married on November 22, 1947, and separated on May 1, 1959. A decree in divorce was entered on January 13, 1960, as the result of an action which Gloria instituted. During their marriage the parties lived in a luxurious manner. They owned a $40,000.00 home in Elkins Park, furnished at a cost of $20,000.00. They employed a maid and a day worker for domestic duties, and a gardener to look after the grounds. They kept two automobiles, an Oldsmobile convertible and an Oldsmobile station wagon. Bernard belonged to an exclusive country club, in which the initiation fee was $3,300.00 and the annual dues $400.00. He was engaged in the demolition business, and had various real estate interests. Because of business reverses, Bernard and Gloria filed a petition in bankruptcy in April, 1958, from which there has been no discharge. As a result, their standard of living was somewhat curtailed. However, they still managed to enjoy the privileges of the country club, and kept their home, although the day worker was released and the station wagon was sold. From the date of separation until about ten weeks before the hearing on April 26, 1960, Bernard was voluntarily paying $85.00 a week for the children's support, in addition to their medical expenses and some clothes. Since that time he has contributed nothing. Gloria works as a secretary for the Philadelphia Lyric Opera Company at a take-home pay of $48.75 a week. She has had to borrow substantial amounts from her mother, who lives with her, in order to maintain the children. Bernard is presently paying $20.00 a week restitution as the result of a conviction of fraudulent conversion in the municipal court, and is also paying $25.00 a month on

[ 193 Pa. Super. Page 101]

    a fine imposed because of a similar conviction in federal court.

Appellant's statement of the question involved on this appeal is as follows: "Is an order of $60.00 a week for the support of two minor children justified where the testimony shows that the defendant is earning a salary of $60.00 to $70.00 per week?" He argues that we "must look to the ...


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