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SHUSTER v. SHUSTER (04/03/74)

decided: April 3, 1974.

SHUSTER, APPELLANT,
v.
SHUSTER



Appeal from order of Court of Common Pleas, Family Division, of Philadelphia, Sept. T., 1970, No. 3838, in case of Bella Shuster v. Herman B. Shuster.

COUNSEL

Stanley Frank, with him Jonathan Wheeler, and Frank & Margolis, for appellant.

William T. Steerman, for appellee.

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

Author: Hoffman

[ 226 Pa. Super. Page 543]

The question in this appeal is to what extent should a court consider the existence of "other assets" where

[ 226 Pa. Super. Page 544]

    a reduction in income is alleged to justify a modification of a support order.

On September 8, 1970, the appellant, Bella Shuster, filed a petition for support with the Court of Common Pleas of Philadelphia, Family Division, alleging in part, that she and her husband, after nearly 40 years of marriage, and because of domestic difficulties, had irreconcilably separated. On November 2, 1970, a "temporary" order was entered by the Honorable Judge Vito F. Canuso, in favor of the appellant in the amount of $200.00 per week.*fn1

On July 12, 1971, the appellee, Herman Shuster, filed a petition for reduction of the original support order. Successive hearings were held on October 13, 1971, October 12, 1972, and October 26-27, 1972. After the final hearing, Judge Canuso entered the following order, which reads, in part: "Temporary Order of 11/2/70

[ 226 Pa. Super. Page 545]

    reduced to $150.00 per week from said date and further reduced to $100.00 ...


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