No. 406 October Term 1978, Appeal from the Order Entered October 24, 1977, by the Court of Common Pleas, Criminal Division, of Northampton County at 752-1977.
Robert A. Freedberg, Easton, for appellant.
William F. Moran, Jr., Easton, for appellee.
Van der Voort, J., and Watkins and Montgomery, Senior Judges.
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The complainant-appellant, Kay B. Morgan, is presently the wife of Thomas E. Morgan and the former spouse of the defendant-appellee Thomas Newton Carlton.
Thomas Newton Carlton is presently the husband of Alice Morgan Carlton, the former wife of Thomas E. Morgan.
Thus, it is apparent the parties exchanged spouses by means of divorce and subsequent marriages.
During her marriage to Thomas N. Carlton, the complainant bore three children for whom she is seeking additional support from their father. These children reside with her and Mr. Morgan in Bethlehem, Pa. At the time the complaint was filed in May 1977, their ages were Stephen, 15, Mark, 13 and Todd 9. Their father, Mr. Carlton is now
[ 261 Pa. Super. Page 79]
living in Florida with Alice, the former Mrs. Morgan and her two children born during her marriage to Mr. Morgan. These Morgan children are Jeffrey, age 15 and Paula 13.
The defendant is a graduate of the University of Florida and has a masters degree in Business Administration from Lehigh University. However, at the time of the hearing in July, 1977, he and his present wife were operating a hardware and gift shop in Florida which had been purchased with funds derived from the sale of real estate in the vicinity of Bethlehem, Pa. At the time the business was purchased, a house in Florida was also purchased. The down payment on the house was $17,000.00 and the payments on the mortgage were $239.00 per month. The business cost $115,000.00 of which $40,000.00 was paid in cash and the remaining $75,000.00 is still owing. In addition, he acknowledges an additional $12,000.00 in liquid assets. Control of the business was taken as of August 1, 1977. The defendant withdraws from the business $245.49 weekly, but this is subject to withholding and social security taxes. It is not expected that the business will show a profit the first year, although it provided the prior owner a net income of $20,400.00 for 1974, $19,900.00 for 1975 and $17,900.00 for 1976. Mrs. Carlton works in the store without compensation, but receives $90.00 per week from Mr. Morgan for support of their two children; and for the three years preceding the hearing had received $10,000.00 per year from him under a separation agreement.
The defendant and the complainant also had previously entered into a separation agreement whereby the defendant had agreed to pay $345.00 per month, with an escalation clause as the cost of ...