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COMMONWEALTH EX REL. CRANE v. ROSENBERGER (03/21/68)

decided: March 21, 1968.

COMMONWEALTH EX REL. CRANE, APPELLANT,
v.
ROSENBERGER



Appeal from orders of Court of Quarter Sessions of Montgomery County, Nov. T., 1954, No. 360, in case of Commonwealth ex rel. Ruth Crane v. Raymond Rosenberger.

COUNSEL

Jack A. Rounick, for appellant.

Victor J. Roberts, for appellee.

Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Ervin, P. J., and Wright, J., absent). Opinion by Hoffman, J. Jacobs, J., would affirm the order of the court below.

Author: Hoffman

[ 212 Pa. Super. Page 146]

This is an appeal from an order of the Court of Quarter Sessions of Montgomery County increasing a support order and remitting arrearages. The facts may be set out briefly as follows:

On February 8, 1955, appellee, Raymond Rosenberger, was ordered to pay $10.00 a week for the support of his minor child, Douglas, then age three. On September 28, 1966, the mother, Ruth Crane, appellant herein, filed a petition seeking an increase in the support order. In October 1966, Mr. Rosenberger filed a petition to remit arrearages. Both matters were heard simultaneously by the lower court which then entered an order increasing the 1955 order from $10.00 to $15.00 a week, and remitting the existing arrearages from $5,430.00 to $1,040.00, to be paid at a rate of $10.00 a week over a two year period.

The lower court summarized the relevant testimony before it as follows: "The petitioner lives with her son Douglas (16), for whom additional support was sought and two children of a subsequent marriage [since terminated by divorce]; it costs her $30.00 to $35.00 per week to support Douglas; his name was changed to Crane [petitioner's second husband's name] by decree of this court only five months before this hearing and without notice to or knowledge of respondent; respondent has not seen Douglas for ten years largely because of petitioner's threats of jail and instructions to boarding school authorities not to allow respondent to see him; respondent paid ten dollars a week faithfully from the inception of the order until January of 1957 when he stopped in reliance upon a letter from the chief probation officer which stated, inter alia:

[ 212 Pa. Super. Page 147]

'If you are not granted this privilege then we will have to suspend the Order until you are granted visitation rights.' N.T. Exhibit.

"Petitioner has a take home pay of $93.00 per week and $55.00 per week support from a subsequent husband for her other two children; respondent had a taxable income of $6,000.00 for the year 1965; he lives with and supports his second wife and four daughters by this second marriage."

Appellant raised two contentions in this appeal:

(1) That the court abused its discretion in remitting appellee's arrearages from ...


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