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COMMONWEALTH EX REL. ANN C. HAGERTY v. WILLIAM M. EYSTER II (05/08/81)

filed: May 8, 1981.

COMMONWEALTH EX REL. ANN C. HAGERTY
v.
WILLIAM M. EYSTER II, APPELLANT



No. 202 March Term, 1979, Appeal from the Order of the Court of Common Pleas, York County, Criminal Division, No. 1084 S.A. 1978

COUNSEL

Dale E. Anstine, York, for appellant.

J. Ross McGinnis, York, for appellee.

Cercone, President Judge, and Watkins and Montgomery, JJ.

Author: Cercone

[ 286 Pa. Super. Page 566]

This is an appeal from an order of the York County Court of Common Pleas increasing the amount of child support appellant Eyster pays for the two children of his first marriage, now in their mother's custody, from $86 to $190 a week, plus an additional $20 a week until certain arrearages are paid off.

The objects of the support order are William M. Eyster III (Bill), born September 17, 1963, and Katherine Eyster (Kate), born April 12, 1968. Their parents divorced some time ago and both have remarried. Both children have hearing problems; Bill has the added misfortune of being afflicted with unspecified psychological disorders. Both require special educational attention: Bill is enrolled in a special preparatory school in Philadelphia, where he is a boarding student; Kate attends a private day school near her home. The parties do not dispute either the need for the special schooling, or the appropriateness of the schools chosen. The dispute centers rather around the amount each parent can or should pay towards meeting the childrens' educational needs.

Following the parties' divorce the former Mrs. Eyster married Fred D. Hagerty, M.D., a practicing private physician and eye specialist. Bill and Kate are in their mother's

[ 286 Pa. Super. Page 567]

    custody. Dr. Hagerty, himself divorced, has two college aged children by his first marriage, for whom he pays support, in addition to the alimony he pays his first wife. The present Mrs. Hagerty, Bill and Kate's mother, is employed by her husband's professional corporation. In 1978 she earned $15,000 for her work there. Her federally taxed income in 1978 also included $3,940.00, being one half the net income from rental property which she and Dr. Hagerty own jointly. Her other income included $483.00 in stock dividends, $375.00 for premiums on life insurance paid by her corporate employer, and $1,002 in capital gains. Her net after-tax income in 1978 was $17,056.00.*fn1 Mrs. Hagerty's assets include a one-half interest in the jointly owned Hagerty medical center, which has a total value of between $230,000.00 and $242,000.00. She also owns $4,104.00 worth of P. H. Glatfelter, Inc. stock and a half interest in $12,500 worth of municipal bonds. Dr. Hagerty contributed $19,000.00 towards the household expenses but neither the parties nor the lower court made any attempt to determine the exact amount of that figure which constituted voluntary contributions towards the support of Kate and Bill.

Mr. Eyster's 1978 income included $24,078.00 in salary from his employment with the Pfaltzgraff Company, $6,673.00 from a discretionary spray trust of which his grandmother is the principal beneficiary, and he a secondary beneficiary, and $2,000 in stock dividends and income from other investments. His after-tax income for 1978 was $27,807.00.*fn2 Mr. and Mrs. Eyster (the second wife) jointly own their house, which is valued at $90,000.00. He also owns a $12,500 lot which he purchased as an investment, and a one-sixth interest in farm land in York County which has a total value of $300,000.00. His stock holdings totaled $21,400.00, and he owns an investment account at National Central Bank which showed a balance of $69,000 at the time

[ 286 Pa. Super. Page 568]

    of trial. The present Mrs. Eyster has two children by her first marriage who reside with her and her husband, the appellant. She intermittently receives $200.00 a month from her first husband for the children's support. The Eysters have one ...


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