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COMMONWEALTH PENNSYLVANIA EX REL. JUDITH SCANLON v. GEORGE SCANLON. APPEAL JUDITH SCANLON (02/18/83)

filed: February 18, 1983.

COMMONWEALTH OF PENNSYLVANIA EX REL. JUDITH SCANLON,
v.
GEORGE SCANLON. APPEAL OF JUDITH SCANLON



No. 1606 Philadelphia 1980, Appeal from the Order of the Court of Common Pleas, Civil Division, of Northampton County, June Term, 1979, No. 265-1979.

COUNSEL

Robert G. Rosen, Lansdale, for appellant.

Dominick Lockwood, Easton, for appellee.

Price,*fn* Montemuro and Van der Voort, JJ.

Author: Price

[ 311 Pa. Super. Page 34]

George Scanlon, appellee, filed a petition for modification from a support order entered on October 26, 1979. By the terms of the order, Mr. Scanlon was to pay $150.00 a week for the support of his two children and $25.00 a week to Judith Scanlon, appellant, for her support. On June 10,

[ 311 Pa. Super. Page 351980]

, the Honorable Richard D. Grifo filed an order removing Mrs. Scanlon from the support order and lowering the amount of support for the children to $113.00 a week. Mrs. Scanlon appeals from the part of the order lowering the amount of support for the children.

The facts of the case are as follows. Mrs. Scanlon filed a Petition for Support against Mr. Scanlon on February 2, 1979 seeking support for herself and the parties' two minor children. A hearing was held before the Domestic Relations Division of Northampton County on March 7, 1979. At the time of the hearing, Mr. Scanlon was employed as a center manager for United Parcel Service, his employer for the past ten years. His income was certified by his employer at a gross pay of $505.00 per week, with a net of $384.00 per week. No agreement was reached at this hearing and the matter was set to be listed for trial.

Negotiations between the parties continued and the trial date was postponed by agreement. As a result of these negotiations, Mr. Scanlon agreed to pay $175.00 a week, the amount recommended by the support office. This agreement was executed by the parties on September 18, 1979. The parties' residence was sold the same day and Mrs. Scanlon and the two children moved to Lansdale, Montgomery County where Mrs. Scanlon grew up. On September 19, 1979, Mrs. Scanlon began her employment with McNeil Laboratories. On October 26, 1979 the Court below entered its order in support directly along the lines set forth in the agreement.*fn1

Mr. Scanlon testified that he signed the agreement (of September 18) and reviewed it with his attorney. (R. 76a). Specifically, the agreement provided that the sum of $175.00 a week would be paid by Mr. Scanlon until the divorce was completed. After the divorce, the sum would decrease to $150.00 a week as support for the two children. This order also provided that the amount ordered for the

[ 311 Pa. Super. Page 36]

    children was to remain in full force and effect for three years or until February 2, 1982, "regardless of any change in ...


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