Commonwealth ex rel. Farnsworth v. Farnsworth

10 Pa. D. & C.2d 770
CourtPennylvania Municipal Court, Philadelphia County
DecidedMarch 22, 1957
Docketno. 3641, D. R. no. 138559
StatusPublished

This text of 10 Pa. D. & C.2d 770 (Commonwealth ex rel. Farnsworth v. Farnsworth) is published on Counsel Stack Legal Research, covering Pennylvania Municipal Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth ex rel. Farnsworth v. Farnsworth, 10 Pa. D. & C.2d 770 (Pa. Super. Ct. 1957).

Opinion

Gilbert, J.,

On March 12, 1957, after hearing sur attachment, this court entered the following order, viz:

“Credit $80 paid direct and $140 paid direct at bar of court on arrears due wife. Orders and arrears suspended. Parties dealing direct.”

Later the same day a petition to reinstate these orders and arrears was presented, which is now before us for disposition.

The petition provides an. opportunity to call attention to an evil in the administration of court orders for support'(present in'part in this case), which has plagued the judges- and personnel of this court for many years. It is an evil which has been created by [771]*771the indifferent manner in which many husbands and wives have abused the administration and execution of such orders.

Inherent in the practice in effect for many decades is the requirement that payments under support orders entered by the Municipal Court shall be made to the clerk of quarter sessions, the officer designated by law to receive and disburse all payments directed to be made by defendants subject to the jurisdiction of a quarter sessions court. Liability for support in these cases is established by sections 731 and 733 of The Penal Code of June 24, 1939, P. L. 872. For these purposes such clerk is designated as the clerk of the Municipal Court. See section 4 of the act creating the Municipal Court of July • 12, 1913, P. L. 711, as amended by the Act of June 15, 1915, P. L. 988.

The clerk of quarter sessions maintains a department of accounts which occupies spacious quarters in the Municipal Court Building at 1801 Vine Street, for the receipt and disbursement of all such moneys.

In 65 counties of the State where no additional trial courts exist (as they do in Allegheny and Philadelphia Counties), petitions for support orders are heard by common pleas judges sitting in quarter sessions courts.

The attachment here involved was issued by our delinquent department on February 21, 1957, covering arrearages on two orders entered pursuant to a reciprocal petition forwarded here from the Burlington County (New Jersey) Juvenile and Domestic Relations Court. The order entered therein under date of October 14, 1955, is for $120 per month for the support of two children of defendant and his wife, relatrix herein, and the order entered February 8, 1956, pursuant to the same petition, is for $20 per week for the support of the wife.

Examination of the records of our department of accounts shows that since their entry the total sums [772]*772of $2,040 and $1,140 have become due on the orders for the children and the wife, respectively, and that the only money paid to the department of accounts by defendant on both orders is the lump sum of $300, paid May 23, 1956, on the order for the wife. Nothing has been paid by defendant into the department of accounts on the order for the children. The department records, as of March 12, 1957, further reveal that on four different dates credits totaling $1,560 have been given on the children’s order for direct payments made outside the court, leaving a balance due on this order of $480, and that also on four different dates such direct payments totaling $580 have been credited to the wife’s order, leaving a balance, after also crediting the said $300 payment to the court, of $260 due thereon.

Before going into the facts and merits of the case at bar, it is deemed necessary to discuss in general the entry, administration and execution of orders for support entered by this court.

Such eases reach the court when the dependent, usually the wife, seeks the aid of the court, and files a petition, usually drawn by a clerk of the court, seeking an order from her husband for support of herself and/or children. After a hearing, an order is made (except when for sufficient reason the petition is dismissed).

The court maintains a delinquent department, staffed by clerks at taxpayers’ expense, whose duty is to keep an eye on all delinquent accounts and, where the wife or the Department of Public Assistance (where beneficiaries have been on, or are applying for, relief) does not do so, to issue attachments to bring in delinquents for hearing. This requires much clerical work, which is wasted where the parties, as in the case at bar, have been dealing with each other direct.

[773]*773The summary for the year 1956 recently released by the department of accounts shows that during the year 1956 the department received and disbursed a total of $8,076,121.98 in support payments, of which $6,912,700.48 represents moneys paid into the department of accounts under orders of support entered in the Domestic Relations Division of the court. It also shows 55,081 active and delinquent orders on the books of the department, for which accounts have to be maintained. Of these, 30,327 accounts are in the Domestic Relations Division alone.

From the foregoing it is seen also that after getting the protection of a court order, those who ignore the order to pay into court, or deal with each other direct on the outside, without the knowledge of the court, make it impossible for its department of accounts to keep accurate records for the protection of both sides.

When later one party brings the matter of any delinquency into court, the writer has yet to sit in one case out of the thousands of such matters he has heard within the last four years, since he has been on this bench, where either party had any itemized list of credits claimed, figured up and totaled, to present to the court. The situation is a gross imposition upon the court and has become intolerable.

Our department of accounts is plagued with the repeated necessity of going over accounts with defendants and beneficiaries who dispute the balance due by defendant, as shown in the department. Invariably they have no accurate figures of their own to present. Often defendant has a large bundle of receipts (for all or some of which, after a painstaking check by the judge or a clerk, they have already received credit), and memoranda and other data, not yet shown to the other side, which they expect the judge in open court to examine and reconcile for them. When these [774]*774complaints are sifted, it almost always develops that the difference represents direct payments' made to the beneficiary of money or money value.

So long as this reprehensible practice is permitted to continue, there can be no assurance' at any time that the balance, as shown in these 'numerous accounts, represents the correct amounts owing by defendants to beneficiaries. Any temporary inconvenience to the parties occasioned by their compliance with the terms of these orders is minor indeed in comparison with the hazard to public welfare' which a continuation of the practice entails. The bad example set for thousands of other defendants make it imperative, for the protection of society, for us to take drastic steps to terminate the evil.

It frequently happens that, after an attachment has issued for a defendant, whose account shows an arrearage on the court’s books, and who is served with notice to come in for a hearing, he fails to appear, necessitating the issuance of a'bench warrant for him. It then develops that the parties have been living together for a large part of the arrearage period, or that direct payments to the wife have been made, or that for some other reason the parties have presumed to abandon the court order without the knowledge of the court.

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Bluebook (online)
10 Pa. D. & C.2d 770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-farnsworth-v-farnsworth-pamunictphila-1957.