Com. ex rel. Platt v. Platt

Decision Date03 April 1974
Citation227 Pa.Super. 423,323 A.2d 29
PartiesCOMMONWEALTH of Pennsylvania ex rel. Joanne PLATT v. William PLATT, Appellant.
CourtPennsylvania Superior Court

Page 29

323 A.2d 29
227 Pa.Super. 423
COMMONWEALTH of Pennsylvania ex rel. Joanne PLATT
v.
William PLATT, Appellant.
Superior Court of Pennsylvania.
April 3, 1974.

[227 Pa.Super. 424]

Page 30

Sidney M. DeAngelis, Norristown, with him Bean, DeAngelis, Kaufman & Kane, Norristown, for appellant.

Joseph T. Kelley, Jr., Philadelphia, with him Gallagher & Kelley, Philadelphia, for appellee.

[227 Pa.Super. 423] Before WRIGHT, President Judge, and WATKINS, JACOBS, HOFFMAN, CERCONE and SPAETH, JJ.

[227 Pa.Super. 424] WATKINS, President Judge.

This is an appeal from an order of support of the Court of Common Pleas of Philadelphia County under the Uniform Reciprocal Support Law.

William Platt, the defendant-appellant, and Joanne Platt, the plaintiff-appellee, were married in 1948. One child was born of the marriage, a daughter, Andrea, in 1952. They were married and resided in New Jersey and were divorced in New Jersey on April 24, 1961. The decree of divorce incorporated a property settlement agreement which provided for alimony for the appellee of $60.00 per week and support of the child, Andrea, at the rate of $40.00 weekly.

In December, 1970, the appellant ceased paying the $40.00 weekly for Andrea as she became 18 years of age. The appellant then went to the New Jersey Court seeking contribution for Andrea's college education. She had enrolled at the American University in Washington, D.C. The New Jersey Court directed the appellant to continue to pay $40.00 weekly for the support of Andrea and to pay.$1000.00 per year toward college expenses. The appellant complied with this order and discontinued the $60.00 per week for the appellee. The appellant and moved to Philadelphia, was remarried and has three children as the result of the second marriage.

[227 Pa.Super. 425] On January 18, 1972, the appellee filed a proceeding in New Jersey under the Uniform Reciprocal Support Law seeking to have her $60.00 payment of alimony enforced and seeking a new court order for Andrea. On February 8, 1973, after a hearing, the Philadelphia court below ordered the appellant to pay $100.00 per week for the support of Andrea.

The appellant is employed as a sales manager and has total earnings of $32,000.00 per year. The appellee is employed and has a gross income of $17,000.00 per year. Andrea is a 20 year old college student who attends school 27 weeks a year. Her total expenses for college including tuition, room, board and books amounts to $4245.00 per year. Andrea works for the Atlantic City Press when she is not attending college for which she receives $75.00 per week or...

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19 cases
  • Hollman v. Hollman
    • United States
    • Pennsylvania Superior Court
    • 1 Noviembre 1985
    ...v. Smith, 260 Pa.Super. 203, 393 A.2d 1224 (1978); Watson v. Watson, 243 Pa.Super. 23, 364 A.2d 431 (1976); Commonwealth ex rel. Platt v. Platt, 227 Pa.Super. 423, 323 A.2d 29 (1974); Commonwealth ex rel. Jones v. Jones, supra. As the Honorable Edmund B. Spaeth, Jr., now President Judge of ......
  • Chaney v. Chaney
    • United States
    • Pennsylvania Superior Court
    • 31 Mayo 1985
    ...Estate, 463 Pa. 486, 345 A.2d 623 (1975); Stambaugh v. Stambaugh, 458 Pa. 147, 329 A.2d 483 (1974); Commonwealth ex rel. Platt v. Platt, 227 Pa.Super. 423, 323 A.2d 29 (1974); Commonwealth ex rel. Lorusso v. Lorusso, 189 Pa.Super. 403, 150 A.2d 370 (1959) (allocatur denied). A husband could......
  • Sutliff v. Sutliff
    • United States
    • Pennsylvania Superior Court
    • 4 Abril 1985
    ...Commonwealth ex rel. Schlesinger v. Schlesinger, 231 Pa.Super. 284, 331 A.2d 694 (1974) (trust fund); Commonwealth ex rel. Platt v. Platt, 227 Pa.Super. 423, 323 A.2d 29 (1974) (child's employment income). In DeVergilius, we indicated that the availability of such resources to meet college ......
  • Com. ex rel. Cook v. Cook
    • United States
    • Pennsylvania Superior Court
    • 6 Agosto 1982
    ... ... Werline, supra; Commonwealth ... ex rel. Jones v. Jones, supra. The proper remedy was an ... action in assumpsit, Commonwealth ex rel. Platt v. Platt, ... 227 Pa.Superior Ct. 423, 323 A.2d 29 (1974); ... Commonwealth ex rel. Bonicker v. Bonicker, 205 ... Pa.Superior Ct. 191, 208 A.2d 14 ... ...
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