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COMMONWEALTH EX REL. STANLEY v. STANLEY. (04/12/62)

April 12, 1962

COMMONWEALTH EX REL. STANLEY, APPELLANT,
v.
STANLEY.



Appeal, No. 12, Oct. T., 1962, from order of Court of Quarter Sessions of Delaware County, Sept. T., 1961, No. F7-171, in case of Commonwealth ex rel. Helen R. Stanley v. Robert C. G. Stanley. Order affirmed. Nonsupport. Before TOAL, J. Order entered directing defendant to pay stated weekly amount for support of wife and children. Petitioner appealed.

COUNSEL

Joseph T. Labrum, Jr., with him William F. Keating, and Lutz, Fronefield, Warner & Bryant, for appellant.

Garland D. Cherry, with him Kassab, Cherry & Curran, for appellee.

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

Author: Montgomery

[ 198 Pa. Super. Page 16]

OPINION BY MONTGOMERY, J.

In this action for support in which liability was admitted, appellant-relator was awarded $175 per week for herself and for her four children, but has appealed, nevertheless, on the ground of inadequacy. A fifth child lives with an aunt and is being supported by the

[ 198 Pa. Super. Page 17]

    appellee-husband and father. Appellee is required to pay, in addition to the weekly payments, all necessary medical expenses.

Both the appellant and appellee are physicians. She is presently in residency at a Philadelphia hospital and has a net take home pay of $156 per week, but there is a possibility that her situation will soon change. She may continue with the Veterans' Administration or commence the conduct of a private practice of her profession.

Appellant and her children occupy the home in which the family resided together before their difficulties. In fact, respondent continued to live there but in a separate room from relator at intervals up to the time of the hearing. However, the order was based on his departure therefrom and on her assuming payments of $205 per month on the mortgage on the home property, which is held by them as tenants by the entirety. The home and the children are maintained by the employment of two maids who are each paid $50 per week and maintenance. Appellant claims the expenses of maintaining the home and her children total $375 per week.

For the years 1959 and 1960 the parties filed joint income tax returns ...


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