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COMMONWEALTH v. KAUFFMAN (11/15/62)

November 15, 1962

COMMONWEALTH
v.
KAUFFMAN, APPELLANT.



Appeal, No. 3, March T., 1963, from order of Court of Quarter Sessions of the Peace of York County, Feb. T., 1948, No. 42, in case of Commonwealth of Pennsylvania v. Clair S. Kauffman. Order reduced and, as modified, affirmed.

COUNSEL

Russell Griest, with him Anstine & Griest, for appellant.

Robert O. Beers, with him Anderson, Ports, May, Beers & Blakey, for appellee.

D. Shoemaker, District Attorney, for Commonwealth, appellee.

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

Author: Ervin

[ 199 Pa. Super. Page 376]

OPINION BY ERVIN, J.

This appeal involves a petition to reduce a support order made for the wife alone.

On May 3, 1948, pursuant to an agreement in writing signed by both parties, the court below ordered the appellant to pay $100.00 per week for the support of his wife and two children. Subsequently the children were removed from the order. On August 31, 1957 the court below ordered the appellant to pay the sum of $400.00 per month for the support of his wife, B. Catherine Kauffman.

On November 30, 1959, pursuant to a petition theretofore filed, seeking a decrease in the order, the court below reduced the order to $4,500.00 a year, payable

[ 199 Pa. Super. Page 377]

    in twelve monthly installments. At that time President Judge ANDERSON stated: "Well of course Mrs. Kauffman, as I understand the testimony, is receiving absolutely nothing from this alleged inheritance, although she will at some future date as I understand it, and under all of these circumstances I just don't see that there is any substantial reduction merited here. I realize that Mr. Kauffman hasn't been particularly well, but I don't feel that you have met the burden of proof that is imposed upon you in the situation, Mr. Cassimatis. If you had proved, as I thought you were going to when you started out, that Mrs. Kauffman now has substantial income from some other source, I certainly would have taken that into consideration but that hasn't been proved at all. I think I will do this, which I am inclined to do because of the fact I do understand that Mr. Kauffman's health has not been good and he apparently has no actual income except from dividends, but certainly has ample funds with which to pay a substantial amount to support his wife, and also taking into consideration the fact that he is paying to taxes on this property, that his wife is living in it and it is jointly owned, I am going to reduce the order to a total of $4500 a year, payable in 12 monthly installments." On August 14, 1964 a petition for reduction of the order was filed. On January 11, 1962 the court below filed an order providing for the payment of the sum of $300.00 per month for the support of the wife. The husband, Clair S. Kauffman, appealed.

We are concerned primarily with any change in conditions occurring between November 30, 1959 and January 11, ...


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