Commonwealth ex rel. Szafran v. Szafran

Concurring Opinion by

Hoffman, J.:

I concur in the Court’s decision to affirm the lower court’s order.

One word of clarification is necessary. In its opinion, the lower court stated that “[f]rom [appellant’s] gross earnings, there is deducted $1041.37 per year under a pension plan which has a cash surrender value. The Court considers this deduction part of his income in view of Di Santi v. Di Santi, 221 Superior Court 435.” I believe that the court’s reliance on Commonwealth ex rel. Di Santi v. Di Santi, 221 Pa. Superior Ct. 435, 293 A. 2d 115 (1972), was unfounded. In Di Santi, we stated that a…