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

November 16, 1961

COMMONWEALTH EX REL. ZAPPASODI
v.
ZAPPASODI, APPELLANT.



Appeal, No. 265, Oct T., 1961, from order of Court of Quarter Sessions of the Peace of Delaware County, June T., 1961, No. F-6-104, in case of Commonwealth ex rel. Anna Zappasodi v. Joseph V. Zappasodi. Order affirmed.

COUNSEL

Arthur Levy, with him McClenachan, Blumberg & Levy, for appellant.

Philip J. O'Malley, for appellee.

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

Author: Flood

[ 196 Pa. Super. Page 489]

OPINION BY FLOOD, J.

The husband in this case appealed from a support order in the sum of $100 per week to be applied $55 for his wife and $45 for the two children of the parties. He objects that this order is excessive in view of his disposable income. His argument is based almost entirely upon what appears in his 1960 Federal income tax return as to which he and his accountant testified.

The defendant owns and operates a drug store located at Aldan, Pennsylvania. He left his wife on or about February 21, 1960. At the time of the hearing, April 21, 1961, he was living at the home of a woman, now known as Frances Zappasodi, located in Haddonfield, New Jersey. This woman, a former dance instructor of the parties' children, was married when the defendant met her and has two children, aged seven and eight or nine, respectively.

The defendant's wife testified that prior to his departure the defendant had advised her that he made $30,000 a year out of his business during the year 1959. She was asked on cross-examination, "Do you know whether that represents before deduction of business expenses?" and answered, "Yes." After the parties' separation and until shortly before the support hearing the defendant paid his wife fifty or seventy-five dollars each week. He also paid the monthly installments of principal and interest on a mortgage covering the property where his wife and children continue to reside. This payment was approximately $118 monthly or $29.50 per week. At the date of the hearing he was two months in arrears on the mortgage payments. It appears from the opinion of the court balow that its order contemplates the payment by the wife of these monthly mortgage charges.

The defendant offered evidence that his adjusted gross income for 1959 was $16,832.25 upon which he paid income taxes of $3,329.71, leaving a net income of approximately $13,500.

[ 196 Pa. Super. Page 490]

The defendant's accountant produced a copy of the defendant's income tax return for the year 1960 which disclosed an adjusted gross income of $15,041.88, income taxes of $2,286.35, or a net income of approximately $12,800.

The accountant then testified that the defendant had several loans representing, among other things, the balance due on the purchase price of the business, store fixtures and a delivery car, upon which he had to make fixed monthly payments. While the accountant did not fully identify them, he testified that these monthly payments totaled $143 weekly. According to him, the defendant had a weekly income from the business of $260 from which he had to ...


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