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COMMONWEALTH EX REL. GERSTEMEIER v. GERSTEMEIER. (11/16/61)

November 16, 1961

COMMONWEALTH EX REL. GERSTEMEIER, APPELLANT,
v.
GERSTEMEIER.



Appeal, No. 312, Oct. T., 1961, from order of Court of Quarter Sessions of Montgomery County, Sept. T., 1959, No. 6, in case of Commonwealth ex rel. Helen V. Gerstemeier v. Robert E. Gerstemeier, Sr. Order affirmed.

COUNSEL

Arthur Lefkoe, with him James R. Caiola, for appellant.

H. Lyle Houpt, for appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Montgomery

[ 196 Pa. Super. Page 309]

OPINION BY MONTGOMERY, J.

This is an appeal from a support order reducing a previous order for the support of three minor children.

The parties, Helen V. Gerstemeier and Robert E. Gerstemeier, Sr., were married January 27, 1945. There were six children born of this union, three of whom are the subjects of the proceeding: Robert, Jr., age 16, Richard, age 14, and Virginia, age 12. The other three children: Sharon, age 7, Jacquelyn, age 8, and Bruce, age 9 are in the custody of the appellee.

The parties were divorced January 2, 1958. At the original hearing for support the custody of the three older children was given to the mother and an order of $40 per week was imposed upon the appellee for

[ 196 Pa. Super. Page 310]

    their support. Exceptions to that order were filed with the Court of Quarter Sessions of Montgomery County. These were dismissed on January 14, 1960, after which the appellee commenced payments on the order.

After the divorce was granted, appellee remarried on February 1, 1958 and now has two children by his second marriage.

On April 28, 1961 the appellee filed a petition to decrease the order, and on May 26, 1961 appellant filed a petition to increase the order. Hearings on the petitions were held simultaneously and ...


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