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COMMONWEALTH EX REL. BETTY FUSCO v. JOSEPH V. FUSCO (04/19/77)

decided: April 19, 1977.

COMMONWEALTH EX REL. BETTY FUSCO
v.
JOSEPH V. FUSCO, A/K/A JOSEPH FUSCO, APPELLANT



Appeal from the Order of the Court of Common Pleas of Delaware County, Domestic Relations Division, at No. F-12-242 of 1966.

COUNSEL

Joyce Ullman, Philadelphia, for appellant.

Joseph P. Mylotte, Upper Darby, for appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Price, J., files a dissenting opinion in which Watkins, President Judge, and Van der Voort, J., join.

Author: Hoffman

[ 247 Pa. Super. Page 414]

This is an appeal from an order dismissing appellant's petition to remit arrearages and to reduce a support order. We, therefore, remand for a full evidentiary hearing.

On August 1, 1966, appellee-wife filed a petition for support which the lower court granted in the amount of $50.00 per week.*fn1 On September 15, 1967, the court dismissed appellant's petition to reduce the support order. On August 31, 1973, the court granted appellee's petition to reduce the arrearages to judgment. Finally, on July 1, 1975, appellant filed a petition to vacate the support order, or alternatively to reduce the support order, and to remit arrearages. The lower court dismissed the petition without a hearing and this appeal followed.

[ 247 Pa. Super. Page 415]

Since the date of the original support order, appellant has made substantial payments to his wife. Viewing the arrearages on a yearly basis, we note that appellant owed $2600.00 per year as support. In the petition now before us, appellant alleges that the arrearages are as follows:

"1967: $230.00

"1968: $177.00

"1969: $210.00

"1970: ...


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