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MARYJANE PATRICIA FRASCH v. RAYMOND ARTHUR FRASCH (08/05/85)

submitted: August 5, 1985.

MARYJANE PATRICIA FRASCH, APPELLANT,
v.
RAYMOND ARTHUR FRASCH



Appeal from the Order of the Court of Common Pleas, Civil Division, of Northumberland County at No. DRO 84-F-10-078 N.S. No. 84-402 No. CV-85-170.

COUNSEL

Anthony J. Rosini, Assistant District Attorney, Shamokin, for appellant.

Vincent V. Rovito, Shamokin, for appellee.

Wickersham, Brosky and Roberts, JJ.

Author: Per Curiam

[ 348 Pa. Super. Page 150]

Raymond Arthur Frasch, appellee, works for the postal service and supports two of his children*fn1 with a bi-weekly support order of $226.00. He also paid a spousal support order of $234.00 bi-weekly for his wife Maryjane Patricia, but at a January 1985 hearing before President Judge Peter Krehel the spousal support order was vacated and this appeal followed.

Appellant presents the following issues for our consideration:

1. Did the lower court err in vacating the prior order of support in this matter without taking testimony at the time of the hearing.

2. Did the actions of the lower court in deciding this matter without taking testimony exhibit a degree of bias, prejudice, lack of impartiality or the appearance thereof, capricious disbelief or prejudgment such as to raise

[ 348 Pa. Super. Page 151]

    doubts as to the [lower] court's ability to preside objectively and fairly upon remand.

Brief for Appellant at 3.

We answer both questions in the ...


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