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MABLE A. RODGERS v. WILLIAM N. RODGERS (12/12/80)

filed: December 12, 1980.

MABLE A. RODGERS
v.
WILLIAM N. RODGERS, APPELLANT



No. 321 April Term, 1979, Appeal from Order of the Court of Common Pleas, Family Division, of Allegheny County at No. 3637 of 1977.

COUNSEL

Arthur Feldman, Pittsburgh, for appellant.

Mable A. Rodgers, appellee, in pro. per.

Cavanaugh, Hoffman and Van der Voort, JJ.

Author: Cavanaugh

[ 282 Pa. Super. Page 481]

The dispute in this case involves the appellant's failure to comply with a support order entered against him on November 7, 1977. By that order appellant, William N. Rodgers,

[ 282 Pa. Super. Page 482]

    was required to pay sixty dollars per month for the support of his two children. In December, 1977 a "Petition for Attachment for Contempt and Rule to Show Cause" was granted the appellee, Mable Rodgers, against the appellant. The court then ordered a hearing for appellant to show cause why he should not be adjudicated in contempt. Appellant failed to appear at the hearing and it was not until over a year later, March 19, 1979, that he was brought before the court on a body attachment.

At the hearing it was shown that current arrearages totaled $990.00, appellant having made no payments under the November 7, 1977 order. Defendant testified that he had owned a grocery store which had gone bankrupt in November, 1977 and since then he had not worked. The court entered two companion orders as set forth below:

"AND NOW, to wit, this 19th day of March, 1979, defendant in the above proceeding being present in Court, and after hearing and it appearing to the Court that the support order of November 7, 1977 has never been carried out by the defendant, it is hereby

Ordered, ADJUDGED and DECREED that WILLIAM N. RODGERS, defendant, shall report on Thursday, March 22, 1979, at 9:00 A.M. to The Salvation Army Corrections Bureau, 424 Third Avenue, Pittsburgh, Pennsylvania 15219, to perform such community service as The Salvation Army shall require and as shall be commensurate with his ability to so perform, and the defendant shall devote a minimum of sixteen (16) hours in said service each week, according to a schedule to be worked out and determined by The Salvation Army, until such time as the defendant has secured a full-time position, but in no event for a longer period than three (3) months from the date of this Order.

The lower court stated that the following Order was filed to clarify the future disposition of the ...


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