Appeal, No. 252, April T., 1961, from order of Court of Quarter Sessions of Westmoreland County, Nov. T., 1950, No. 185, in case of Commonwealth of Pennsylvania v. Percy E. Martin, Jr. Order affirmed.
Scott Fink, and Fink & Jennings, for appellant.
Richard E. McCormick, District Attorney, for Commonwealth, appellee.
M. Maurice Chacchia, and Chacchia and Brind, of the New York Bar, and Louis E. Sensenich, for prosecutrix, appellee.
Joseph B. Mitinger, guardian ad litem for minor, in propria persona.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 196 Pa. Super. Page 356]
This is an appeal by defendant from an order of the Court of Quarter Sessions of Westmoreland County, dated June 29, 1961, in which defendant was directed to continue payments of $200 per month for the support of his two daughters, Beverly Joan Martin, born of February 12, 1942, and Judith Louise Martin, born of August 6, 1945.
Defendant, a dentist by profession, objects to that portion of the order which compels him to pay $100 per month for the college education of his older daughter, Beverly Joan, presently nineteen years of age, enrolled in her second year at Syracuse University School of Nursing. Defendant contends on this appeal that the court below abused its discretion in continuing such order of support.
[ 196 Pa. Super. Page 357]
The original order for support of $250 per month included defendant's wife and two daughters, and was dated August 24, 1951. Following a divorce obtained in July of 1954, defendant was ordered to pay $150 a month for the support of his two daughters, and, on November 29, 1957, this order was fixed at $200 per month. A petition was filed on June 13, 1961, by the probation officer of the Court of Quarter Sessions, stating that through a clerical error defendant had been notified by the probation office that the $200 per month order had been reduced to $100, effective from June 27, 1960, the date of Beverly Joan's graduation from high school. The petition further alleged that Beverly Joan was attending Syracuse University and still in need of support, and requested a rule to show cause why there should not be a compliance with the $200 per month order of November 29, 1957, which had never been reduced by court order. A rule was issued; defendant filed an answer admitting that Beverly Joan was nineteen and attending Syracuse University, but denying her need for support, and asking the court to reduce the $200 order to $100, covering support of the younger daughter only, as of June 27, 1960. After hearing, at which defendant's former wife and his daughter Beverly Joan testified, the court made the rule absolute, adjudged defendant in contempt, and ...