No. 1345 October Term, 1978, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Lehigh County, at No. 17-A June Term, 1950.
Jeffry L. Gilbert, Allentown, for appellant.
No appearance entered nor brief filed for appellee.
Van der Voort, Wieand and Lipez, JJ. Wieand, J., did not participate in the consideration or decision in this case.
[ 268 Pa. Super. Page 291]
This matter develops in a non-support action which has persisted ever since 1950. We have not had the benefit of oral argument or a brief submitted by the husband-appellee.
The parties were married on November 23, 1946; separated in June, 1950; have not cohabited since then, and have one child born January 13, 1951.
The wife (appellant herein) received a support order on June 27, 1950, modified subsequent to the birth of the child to include support for him. As of November 1, 1976, the last date when we have any information, the rate of support was $17.50 per week, (including $5.00 for the child) and the arrearages constituted $7,134.35.
The wife concedes that she was guilty of adultery sometime before July 15, 1958, when she secured an order against one Edward F. Hopper for the support of a second child. The husband knew about this adulterous conduct of the wife at least as early as March 1972, when he filed a Bill of Particulars in a divorce action filed by him at No. 130 April Term, 1971.
The wife's brief tells us (pages 4 and 5) that the parties have been in court on "numerous occasions"; that the husband has been arrested "numerous times" for failure to pay the support order; and was sentenced on March 15, 1965 to five months in prison for contempt of court.
By petitions filed July 31, 1970 and July 13, 1973, but thereafter withdrawn, the husband asked that the support
[ 268 Pa. Super. Page 292]
order be modified because the child was ...