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COMMONWEALTH EX REL. YANNACONE v. YANNACONE (03/20/69)

decided: March 20, 1969.

COMMONWEALTH EX REL. YANNACONE
v.
YANNACONE, APPELLANT



Appeal from order of Court of Quarter Sessions of Montgomery County, April T., 1960, No. 289, in case of Commonwealth ex rel. Marie Yannacone v. John Yannacone.

COUNSEL

Daniel L. Quinlan, Jr., for appellant.

Andrew B. Cantor, with him Wisler, Pearlstine, Talone & Gerber, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Opinion by Wright, P. J. Dissenting Opinion by Hoffman, J. Jacobs, J., joins in this dissenting opinion.

Author: Wright

[ 214 Pa. Super. Page 244]

This is an appeal by John Yannacone from an order of the Court of Quarter Sessions of Montgomery

[ 214 Pa. Super. Page 245]

County, entered July 17, 1968, requiring him to pay the sum of $15.00 per week for the support of his daughter, Carolyn Yannacone. We are once again called upon to consider the extent of the obligation of a father to contribute toward his child's college education. The factual situation in the instant case appears in the following excerpt from the opinion of the court below:

"John and Marie Yannacone are the parents of one child, Carolyn, who is now 18. The Yannacone's were divorced in 1961 and since that time, Mr. Yannacone has been providing support for Carolyn through an order of this Court. In the spring of 1968, Carolyn finished high school and her father petitioned for the termination of the order, then $22 a week, as a result of a modification agreed to by the parties in December, 1964. Carolyn, however, has been accepted as a student at Temple University and for that reason, Marie Yannacone contended that the support order should remain in effect. After a hearing, we reduced the order to $15 a week, and this appeal followed.

"The defendant, who is 37 years of age, has remarried. He and his new wife have one child, a 19 month old boy. Mr. Yannacone is employed as a machinist and has a weekly take home pay of approximately $140. He and his new wife recently purchased a home for $10,700, on which he assumed a $9,500 mortgage.

"Carolyn lives with her mother, who has not remarried. Mrs. Yannacone is employed as a secretary, but has no other source of income. Carolyn has had part time jobs during the school year, worked during the summer, and paid certain of her school expenses from these earnings.

"Based on her final year at school, Carolyn would be classified as an average student. She was accepted, however, at both ...


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