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EMRICK v. EMRICK (03/23/71)

decided: March 23, 1971.

EMRICK, APPELLANT,
v.
EMRICK



Appeal from order of Court of Common Pleas, Family Division, of Allegheny County, No. 785 of 1970, in case of Florence M. Emrick v. Edwin V. Emrick.

COUNSEL

Robert L. Campbell, with him Fred Chalmers Houston, and Houston, Houston & Donnelly, for appellant.

James L. Bowman, for appellee.

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

Author: Per Curiam

[ 218 Pa. Super. Page 179]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant, Florence M. Emrick (mother) married appellee Edwin V. Emrick (father) in 1946. Subsequently five children were born to this marriage. Difficulties arose between the parties; and the marriage ended in divorce, which was granted by a Nevada Court in 1960. Both parties were present at the divorce proceeding.

Incorporated into the Decree of Divorce was an agreement between the parties, the pertinent sections of which are as follows:

"5. [The father] is hereby ordered to pay [the mother] for the support and maintenance of the said minor children, the sum of Seventy ($70.00) Dollars per month, per child, the first of which monthly payment shall be made on January 1, 1961, and to continue with respect to each child, until he or she reaches the age of ...


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