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MARIAN RITA ORR v. HAROLD E. ORR (06/17/83)

filed: June 17, 1983.

MARIAN RITA ORR
v.
HAROLD E. ORR, APPELLANT



No. 387 Philadelphia, 1982, Appeal from the Order of the Court of Common Pleas, Civil Division, Montgomery County, at No. 81-5892.

COUNSEL

Michael G. Trachtman, Norristown, for appellant.

Wallace A. Murray, Jr., Norristown, for appellee.

Hester, Johnson and Popovich, JJ.

Author: Hester

[ 315 Pa. Super. Page 170]

This is an appeal from the order of the Court of Common Pleas of Montgomery County, Civil Division, dated January 6, 1982, awarding appellee-wife alimony pendente lite in the sum of $160.00 per week plus $15.00 per week toward arrearages.

The facts of the case are as follows:

Appellant-husband and appellee-wife were married in June, 1976, and subsequently separated in September, 1980. Both parties have been married previously and have children from their prior marriages. Appellee resided in a dwelling with her father and three children from her prior marriage. Her father contributes $60.00 per week toward the household expenses. Appellee's residence was purchased for $88,000.00 immediately following the marriage to appellant. Appellee contributed approximately $44,200.00 toward this purchase while appellant contributed approximately $8,800.00. There is a purchase money mortgage of approximately $35,000.00, which is being paid by appellee. It is to be noted that appellee sold her home from her prior marriage so as to facilitate the purchase of appellant-appellee's residence.

The appellee's children from her prior marriage received, upon the death of their father, $15,000.00 each. Said funds were placed into money market certificates with the appellee designated as custodian under the Uniform Gift to Minor Act. At the time of the hearing in this matter, the yield of these certificates was 13.8%, or $6,210.00 per year. These children also receive social security in the amount of $11,088.00 per year, or $1,924.00 per month, which has been reduced by $308.00 a month due to the oldest child's failure to continue his schooling on a regular basis.

Appellant is the sole owner of an insurance adjusting business, Lafayette Adjustment Bureau. Gross receipts from the business during the year 1981 averaged $30,000.00 per month; expenses of independent contractors, utilized by appellant in the conduct of his business, during the same

[ 315 Pa. Super. Page 171]

    year averaged $19,650.00 per month. Appellant testified that the other business expenses for the year 1981 were $4,071.00 per month. Total business expenses for the year 1981 are projected at $284,655.00, $236,000.00 of which is attributable to the aforementioned independent contractors and $48,655.00 to other business expenses. Therefore, gross income, representing gross receipts less business expenses, is projected for 1981 at $75,345.00. Other business expenses represent personal expenses, thus increasing the effective net available for personal use.

Appellant resides in two rooms of his company's office. Also, appellant claimed $11,703.00 as ...


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