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PENSION FUND CITY PITTSBURGH APPEAL (03/29/76)

decided: March 29, 1976.

PENSION FUND OF THE CITY OF PITTSBURGH APPEAL


Appeal from order of Court of Common Pleas, Family Division, of Allegheny County, No. D-640 of 1973, in case of Commonwealth of Pennsylvania ex rel. Stella Cerminara v. Angelo Cerminara (Pension Fund of the City of Pittsburgh, Appellant).

COUNSEL

Nicholas R. Stone, with him Stone and Raynovich, 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 Spaeth, J.

Author: Spaeth

[ 239 Pa. Super. Page 113]

This is an appeal from an order attaching funds under the control of the City of Pittsburgh Pension Fund.

On July 18, 1974, the lower court issued an order requiring the relator to pay the relatrix $160 per month, representing $150 for support and $10 against accumulated arrearages of $300. When the relator did not make the required payments, the relatrix petitioned for the enforcement of the order. At the hearing on the petition the relator testified that his monthly income consisted of Social Security payments of $244.70 and a retirement pension of $357.50 from the City of

[ 239 Pa. Super. Page 114]

Pittsburgh. On August 13 the lower court issued an order

"that the Pension Fund of the City of Pittsburgh, having funds due to the above named defendant, pay to the Family Division . . . . One Hundred and Sixty ($160.00) Dollars a month (allocated to the monthly support order of $150.00 and $10.00 on arrearages of $555.13) from the pension allowance of the said defendant until further order of this court." Record at 14a.

When the Pension Fund did not comply with this order, the court issued a rule to show cause why the Executive Director and the Board of Directors of the Pension Fund should not be held in contempt. Two hearings were held, and on November 14 the court re-issued its August 13 order, only modifying the order to change the statement of arrearages to $1,005.13. This appeal by the Pension Fund followed.

I

The Act of May 28, 1915, P.L. 596, 53 P.S. § 23561 et seq., governs pension funds of cities of the second class. Because Pittsburgh is classified as a city of the second class, its pension fund is regulated by the Act.*fn1 Section 12, 53 P.S. § 23572, provides that:

"The compensation or pension herein mentioned shall not be subject to attachment or execution, and shall be payable only to the beneficiary designated by this act, and ...


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