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CUMBERLEDGE v. CUMBERLEDGE (06/14/73)

decided: June 14, 1973.

CUMBERLEDGE
v.
CUMBERLEDGE, APPELLANT



Appeal from order of Court of Common Pleas, Family Division, of Allegheny County, No. C-687 of 1968, in case of Olga Cumberledge v. Jack E. Cumberledge.

COUNSEL

Michael A. Donadee, for appellant.

No oral argument was made, nor brief submitted for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Spaeth, JJ.

Author: Per Curiam

[ 224 Pa. Super. Page 336]

At oral argument, appellant contended that the lower court erroneously entered a judgment of arrearages from a support order without affording him an evidentiary hearing to determine financial ability to pay said judgment. Subsequent to argument, this Court was informed

[ 224 Pa. Super. Page 337]

    that appellant had died, and that therefore, an evidentiary hearing became moot.

As this appeal was limited to the issue of the right to have a hearing despite the existence of arrearages, our holding in the instant case should not be dispositive of or prejudicial to any right of decedent's estate to appeal on other grounds.

Order affirmed.

Disposition

Order affirmed.

19730614 ...


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