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DONNA S. LONG v. DAVID P. LONG (09/05/80)

filed: September 5, 1980.

DONNA S. LONG
v.
DAVID P. LONG, APPELLANT



COUNSEL

Robert Petrosky, Kittanning, for appellant.

Ralph C. John, Kittanning, for appellee.

Spaeth, Hoffman and Van der Voort, JJ.

Author: Van Der Voort

[ 280 Pa. Super. Page 478]

Appellant and appellee were husband and wife, are now divorced, and have one son presently about 5 years old. There have been orders entered against the husband for support of the wife and son, and, after the divorce, for the son alone. There have been various hearings and wage

[ 280 Pa. Super. Page 479]

    attachments, and some payments on account of arrearages, which totaled $3,862 as of August 25, 1976.

Appellant husband had a job in 1976 with the Clairton Parks and Recreation Authority of Allegheny County, at a take home pay of $9,765.12 per year. Following an attachment of his wages, the husband resigned his job, characterizing his action a "forced resignation statement."

On September 30, 1976, appellant became employed by the Pennsylvania Department of Community Affairs, with take home pay at the rate of $9,048.00 per year. In May, 1977, he quit the job because his expenses were exceeding his income. He had been warned by the lower court not to quit the job. Appellant was cited for contempt, and hearings were held on July 7, 1978 and September 13, 1978. On the latter date, appellant was found to be in indirect civil contempt of Court, was ordered to make good-faith efforts to procure employment, and was instructed to report to the Court on his efforts. The Court considered the reports to be unsatisfactory. Appellant obtained a job as a bus driver in September, 1978, with a net salary of approximately $240 per month.

The wife filed a petition on December 27, 1978 for a rule to show cause why appellant should not be held in contempt. On January 31, 1979, the Court made the Rule absolute and issued a citation. A hearing was held on March 14, 1979 on the citation for contempt, and the husband was found to be in contempt, and was ordered to jail for 30 days. The present appeal is from that order of March 14, 1979.

The order dated March 14, 1979 recites, in substance, that appellant failed to make reports to the Court as he had been previously directed, and that he failed to make good-faith efforts to secure sufficient employment to provide support, as ordered, by the Court. The court found appellant to be in indirect civil contempt of the Order entered September 13, 1978, and imposed the sanction of commitment to jail for 30 days, provided, however, that if full payment would be made on the arrearages due under the Order of August 25, 1976, appellant would be released from the Armstrong County

[ 280 Pa. Super. Page 480]

Jail. Following the appeal, a Motion for ...


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