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COMMONWEALTH EX REL. SOLOFF v. SOLOFF (09/11/69)

decided: September 11, 1969.

COMMONWEALTH EX REL. SOLOFF
v.
SOLOFF, APPELLANT



Appeal from order of Court of Quarter Sessions of Montgomery County, Sept. T., 1968, No. 84, in case of Commonwealth ex rel. Mary Soloff v. Samuel Soloff.

COUNSEL

B. Nathaniel Richter, for appellant.

Daniel L. Quinlan, for appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, and Cercone, JJ. (Spaulding, J., absent). Opinion by Watkins, J.

Author: Watkins

[ 215 Pa. Super. Page 329]

This appeal is from the entry of an order for support by the Court of Quarter Sessions of Montgomery County on 24 January, 1969. The order provided for the payment of $750.00 per week for the appellant's wife and daughter.

Appellant contends that the Court of Quarter Sessions of Montgomery County is without jurisdiction to enter any order because there was an order entered in the County Court of Philadelphia County on November 5, 1965, which would be res adjudicata.

[ 215 Pa. Super. Page 330]

On November 5, 1965, the County Court of Philadelphia, after a hearing sur stipulation entered the following order: "11-5-65 Order & Stipulation. Kallick, J. Order $400 wk. for wife and three children, Carol, Lawrence, and Mary Ellen. $100 wk. for support of wife and $300 wk. for support of three children, effective 9-22-65. Deft. shall be given credit against the $400 for all payments made for support of wife and the three children between 9-22-65 and Oct. 20, 1965. The amount of payment for the period of 9-22-65 and Oct. 20, 1965 is agreed upon in the sum of $631. See Stipulation for the bal. of the agrmt."

The Stipulation was as follows: "And Now, as of October 20, 1965, it is stipulated and agreed by and between counsel for the parties that: 1. Defendant shall pay $400.00 a week as support for Mary Soloff, Carol Soloff, Lawrence Soloff, and Mary Ellen Soloff to be allocated as follows: (a) $100.00 a week for the support of Mary Soloff. (b) $300.00 a week for the support of the three children. 2. The order shall be for a three year period, retroactive to September 22, 1965, and during that period shall not be subject to automatic reduction as a result of any of the children becoming self-sufficient, self-sustaining, or marrying. If, however, defendant's financial condition changes, he shall have the right granted under law to petition the court for reduction in the amount of the weekly support. 3. Defendant shall be given credit against the $400.00 for all payments made for the support of Mary Soloff and the children between September 22, 1965 and October 20, 1965. 4. Defendant shall make available as heretofore, at least one automobile to Mrs. Soloff. If defendant desires to make other automobiles available to the children, it is his prerogative but shall not constitute a part of this Stipulation. 5. In addition to the weekly support payments aforesaid, defendant

[ 215 Pa. Super. Page 331]

    shall continue to pay: (a) All telephone expenses incurred by the wife and children as heretofore; (b) For the following insurance policies: (1) Homeowner's policy on the residence located at 816 Margo Lane, Penn Valley, Narberth, Pennsylvania, which will include fire and extended coverage; (2) Insurance on the automobile which is supplied to Mary Soloff, and, if additional automobiles are supplied to the children, proper insurance coverage on these as well; (3) Maintenance of presently existent life insurance policies on the life of Samuel Soloff of which Mary Soloff or the ...


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