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COMMONWEALTH PENNSYLVANIA EX REL. PHYLLIS J. DARLING v. ROBERT E. DARLING (05/21/82)

filed: May 21, 1982.

COMMONWEALTH OF PENNSYLVANIA EX REL. PHYLLIS J. DARLING
v.
ROBERT E. DARLING, APPELLANT



No. 322 Pittsburgh, 1980, Appeal from Order of the Court of Common Pleas, Civil Division, of Butler County at No. 760 of 1979

COUNSEL

Bruno A. Muscatello, Butler, for appellant.

No appearance entered nor briefs submitted on behalf of appellee.

Cavanaugh, Johnson and Shertz, JJ. Shertz, J., did not participate in the consideration or decision in this case.

Author: Per Curiam

[ 300 Pa. Super. Page 64]

This is an appeal by appellant-husband Robert E. Darling, from an order of support in the amount of $46 per week for his wife, appellee Phyllis J. Darling. Appellant contends that the support order is excessive and based on facts not of record, thereby constituting an abuse of discretion by the lower court. We agree and, accordingly, reverse and remand this case for a new support hearing.

On December 7, 1979, appellee filed a complaint for support against appellant. In her complaint, appellee sought support for herself alone since no children were born of this marriage. A hearing was subsequently held on March 11, 1980, before the Honorable John C. Dillon of the Court of Common Pleas of Butler County.

At the hearing, appellee testified that she was employed at the Butler County Mushroom Farm and earned a net pay of approximately $550 per month. An additional $30 per week was deducted from her salary and put into a credit union savings account. Mrs. Darling further stated that her monthly expenses totaled between $655-$700.

Appellant, employed as a painter at Pullman-Standard, testified that he earned $989 net pay per month. Up until three weeks before the hearing, appellant held a second job at Wayne Sell Trucking Corporation which netted between $200-$430 monthly. Appellant indicated, however, that he had been laid off as a result of work shortage and had no guarantee of re-employment. His monthly expenses were estimated to be $1104.

Following the hearing, the lower court ordered appellant to pay $46 per week for appellee's support, retroactive to December 7, 1979. In his memorandum opinion accompanying the order, the court explained the support award as follows:

The record indicates that the wife earns approximately $585.00 per month, and that her husband's earnings at Pullman are approximately $1,000.00 per month. In addition, his second source of earnings yields from $200.00 to

[ 300 Pa. Super. Page 65]

$400.00 per month. For the purpose of this proceeding, we use $200.00. In applying the guidelines to this situation, to wit, wife's income of $600.00 and husband's income of $1,200.00, we find that $200.00 is the suggested monthly support order. Converting ...


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