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COMMONWEALTH PENNSYLVANIA EX REL. MARY B. MAGRINI v. JOHN B. MAGRINI. APPEAL ALUMINUM COMPANY AMERICA (01/18/79)

decided: January 18, 1979.

COMMONWEALTH OF PENNSYLVANIA EX REL. MARY B. MAGRINI, APPELLEE,
v.
JOHN B. MAGRINI. APPEAL OF ALUMINUM COMPANY OF AMERICA, AS SPONSOR AND PLAN ADMINISTRATOR OF THE EMPLOYEES' RETIREMENT PLAN OF ALUMINUM COMPANY OF AMERICA, PLAN II, APPELLANT



No. 208 April Term, 1978, Appeal from the Order of the Court of Common Pleas of Allegheny County, Pennsylvania, Family Division at No. D-1080 of 1976, File No. M-85972.

COUNSEL

John M. Wilson, Pittsburgh, for appellant.

Robert L. Eberhardt, Assistant District Attorney, Pittsburgh, for appellee.

Price, Hester and Watkins, JJ.

Author: Hester

[ 263 Pa. Super. Page 368]

This is an appeal from the Order of the Court of Common Pleas of Allegheny County directing appellant to pay 50% of the monthly pension benefit due John B. Magrini, to the court, for the support of Mr. Magrini's wife, Mary B. Magrini.

The appellant in this action is the Aluminum Company of America, in its capacity as sponsor and plan administrator of the Employees' Retirement Plan of the Aluminum Company of America.

The original action was initiated by Mrs. Magrini against her husband, for support. Following a hearing on June 24, 1976, the court ordered Mr. Magrini to pay $175.00 a month for the support of his wife, pursuant to the provisions of the Civil Procedure Support Act, Act of July 13, 1953, P.L. 431, as amended, 62 P.S. ยงยง 2043.31 -- 2043.44.*fn1

On July 22, 1976, a wage attachment was issued by the court directing that the $175.00 a month support due from Mr. Magrini, be withheld from his wages by his employer, the Aluminum Company of America.

Subsequent thereto appellant became disabled and accordingly ceased his employment with the Aluminum Company of America. He thereafter successfully petitioned the court for a reduction to $90.00 a month.

On August 24, 1977, the court dissolved the prior attachment and issued a new attachment which directed the appellant to pay 50% of Mr. Magrini's pension to the court, for the support of Mrs. Magrini.

From that Order does this appeal lie.

Although the original support order was issued pursuant to the "Civil Procedural Support Act", supra, the order attaching the pension of Mr. Magrini was issued pursuant to the Act of May 10, 1921, P.L. 434 ...


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