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COMMONWEALTH EX REL. CHERYL DAWN KINSEY AND KRISTIE LYNN KINSEY BY LYNNE D. KINSEY v. RONALD S. KINSEY. APPEAL LYNNE D. KINSEY (04/25/80)

filed: April 25, 1980.

COMMONWEALTH EX REL. CHERYL DAWN KINSEY AND KRISTIE LYNN KINSEY BY LYNNE D. KINSEY
v.
RONALD S. KINSEY. APPEAL OF LYNNE D. KINSEY



No. 2903 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Bucks County, Criminal Division, at No. 1457 Misc-1978.

COUNSEL

Jerome B. Nulty, Souderton, for appellant.

Robert A. Naragon, Doylestown, for appellee.

Cercone, President Judge, and Cavanaugh and Hoffman, JJ.

Author: Cercone

[ 277 Pa. Super. Page 157]

Appellant, Lynne Kinsey, appeals from the order of the lower court which awarded support for her and her two minor children in the amount of $150 per week. We affirm the order of the lower court.

The parties, Lynne and Ronald Kinsey, are husband and wife, having been married in 1965. At the time of the support hearing, they had two minor children as a result of their marriage. Appellant filed a petition for the support of her two minor children and herself on July 11, 1978 while the parties still resided within the same household. The complaint alleged that the husband had "embarked on a course of conduct designed and intended to force the complainant into permitting the defendant to obtain an uncontested divorce," and that he had reduced the support of the wife and children to the point where they could no longer "cope financially." Around August 1, 1978, Mrs. Kinsey and her two children left the marital domicile and went to her mother's home for what she called "a vacation." Pursuant to Pa.R.C.P. 5001, a settlement conference was conducted in

[ 277 Pa. Super. Page 158]

    the Domestic Relations Court on August 8, 1978, but no formal agreement was reached.

Sometime after this, Mrs. Kinsey's "vacation" became a "separation," and the hearing on the support petition was held on October 25, 1978. Mrs. Kinsey could not testify to a specific date when the separation occurred and was precluded from moving back into the marital home since an adult woman and her four children had taken residence with Mr. Kinsey. At the hearing, Mrs. Kinsey alleged that her weekly expenses for the support of her two children and herself totaled $324.00. However, on cross-examination, Mrs. Kinsey admitted that she was living at her mother's home at the time of the hearing and paying twenty-five dollars a week rent and no other household expenses such as utilities or repairs. This differed from the prior statement of expenses she had submitted to the Domestic Relations Court and testimony at the hearing that had estimated her monthly rent expense at $300, telephone at $15.00 per month, repairs at $20.00 per month and property insurance at $173.00 per month. Mrs. Kinsey was employed as a secretary at Grand View Hospital earning approximately $171.23 net every two weeks. She received certain benefits from her job such as the right to purchase prescription drugs for herself at cost, which was an important factor since Mrs. Kinsey had suffered a nervous breakdown and was required to take several prescription drugs. There was disputed testimony as to the purchase of a car Mrs. Kinsey used until September 11, 1978 when Mr. Kinsey had it towed from the parking lot where Mrs. Kinsey worked. However, it was undisputed that Mr. Kinsey closed all joint credit accounts in July 1978 and had paid the sum of $270.00 sometime in September specifically for the children's school clothes.

Mr. Kinsey did not contest his support liability and admitted that an adult woman and her four children presently resided with him. He insisted that his list of weekly expenses totaling $266.45 did not reflect any monies he spent for their food or other expenses. Mr. Kinsey was employed as a truck driver for the Pillsbury Company with a gross

[ 277 Pa. Super. Page 159]

    weekly pay of approximately $602.57.*fn1 Mr. Kinsey admitted that he could afford $100.00 per week for a support payment and had so agreed as of August 8, 1978, the date of the domestic relations conference, but he did not make ...


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