Appeals from orders of Court of Quarter Sessions of Carbon County, Oct. T., 1954, Nos. 11 and 12, in case of Commonwealth ex rel. Grace A. Marshall v. Jack Ebbert.
P. Pollack, with him Martin H. Philip, for appellant.
No argument was made nor brief submitted for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Hannum, J. Jacobs, J., dissents and would affirm all four orders.
[ 212 Pa. Super. Page 555]
We have four appeals by the relatrix from two separate orders in each of two cases, modifying orders entered for the support of two illegitimate children, following the conviction of the appellee in fornication and bastardy cases in 1954. In two of the appeals, the relatrix contends that the revised order is still inadequate and should have been made retroactive to the date of the filing of her petition for modification, and in the other two appeals, she complains that, although the court below modified the term of the sentence, it should have made the orders effective until the children become self-supporting.
On July 8, 1954, defendant, Jack Ebbert, entered a plea of guilty to the charges of fornication and bastardy. The child, Stephen Miller, had been born to Grace Miller Marshall, the prosecutrix, on July 7, 1952. On October 22, 1954, defendant Ebbert pleaded guilty to a second charge of fornication and bastardy on the complaint of the same Grace Miller, following the birth to her of Terry P. Miller on September 23, 1954. Initially, the lower court sentenced defendant to pay $2.00 per week for future support of each child.
These orders were appealed and on November 12, 1957, we reversed said orders in the case of Commonwealth ex rel. Miller v. Ebbert, 184 Pa. Superior Ct. 578, 135 A.2d 826 (1957), holding that the court below abused its discretion in setting a $2.00 per week support order for each child and we directed that a determination of increased support should be made which would require the defendant to pay a sum consistent with his financial resources.
On June 27, 1960, two and one-half years after this reversal, and after a number of written requests by counsel for prosecutrix, a hearing was finally held by the court below. Recognizing the delay, the court finally
[ 212 Pa. Super. Page 556]
entered retroactive orders requiring the defendant to pay $5.00 a week on account of the support of each child until it attained the age of sixteen years.
No appeal was taken and defendant has paid the $5.00 support as ordered by the court.
After fathering these illegitimate children, defendant married, and between 1960 and 1964 he and his wife moved to Kansas City, Missouri. His salary had increased substantially and he was making at least $692.00 per month. Prosecutrix therefore filed petitions for modifications ...