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SIMMONS v. SIMMONS (02/27/75)

decided: February 27, 1975.

SIMMONS, APPELLANT,
v.
SIMMONS



Appeal from order of Court of Common Pleas, Family Division, of Allegheny County, No. D-1645 of 1973, in case of Romayne Simmons v. Jimmie Simmons.

COUNSEL

Joanne Ross Wilder, for appellant.

No appearance entered nor brief submitted for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Watkins, P.j. Jacobs and Price, JJ., concur in the result.

Author: Watkins

[ 232 Pa. Super. Page 367]

This is an appeal from the order of the Court of Common Pleas of Allegheny County, Family Division, adjudicating the appellant in contempt of court and a sentence of four (4) days in the Allegheny County Jail.

The background of this case appears from the record to be as follows: The appellant, Romayne Simmons, and the appellee, Jimmie Simmons, were married in 1961. Two children were born to them as a result of this marriage, namely, Jimmie, Jr., and Gregory. In December, 1972, the appellee left the family home and established a separate residence from his wife and children.

On June 29, 1973, the appellant filed a complaint for support pursuant to The Pennsylvania Civil Procedural Support Law, 62 P.S. § 2043-31, et seq., Act of July 13, 1953, P.L. 431, § 1, and on August 1, 1973, an order was entered upon agreement of the parties directing the appellee to pay One Hundred Fifteen ($115.00) Dollars per month for the support of his two children and establishing visitation rights on Sundays between the hours

[ 232 Pa. Super. Page 368]

    of 11:00 a.m. and 6:00 p.m. The parties were divorced on September 14, 1973.

On May 30, 1974, after hearing, a Modified Order of Court was entered providing for an increase in the support order and visitation to be reinstated in accordance with the prior order.

On August 28, 1974, the appellee filed a petition for a rule to show cause why visitation rights should not be complied with and should not be enlarged and a rule was granted upon the appellant to show cause why she should not comply with the May 30, 1974 order of court establishing reasonable visitation rights or why she should not be adjudged in contempt of court and why petitioner's visitation rights should not be enlarged to include partial overnight custody of the minor children for one weekend per month beginning on Saturday morning at 8 a.m. to Sunday at 6 p.m. The rule was made returnable on September 19, 1974, before Judge McGregor, who had made the May 30, 1974, order.

On September 19, 1974, a hearing was held before Judge Larsen, Judge McGregor having been transferred from the Family ...


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