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DONNA J. CURTIS v. WILLIAM H. CURTIS (03/02/84)

filed: March 2, 1984.

DONNA J. CURTIS, APPELLANT,
v.
WILLIAM H. CURTIS



No. 993 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas of Chester County, Civil Division, No. 976 N 1981 URESA.

COUNSEL

Gordon Mair, West Chester, for appellant.

John J. Snyder, King of Prussia, for appellee.

Montemuro, Watkins and Cercone, JJ.

Author: Montemuro

[ 326 Pa. Super. Page 41]

This is an appeal from an order overruling a master's recommendation that appellee pay $150 per month for the support of a child in college.

The case was commenced in July of 1981 by appellant daughter's filing of a RURESA*fn1 action in Westmoreland County, against her father, the appellee, William H. Curtis. At the suggestion of the Westmoreland County Court, and by agreement of the parties, the hearing on this matter was held in Chester County, where appellee resides. It took place before a master on December 2, 1981, and was transcribed.*fn2 Appellee and his former wife, appellant's mother, were the only two witnesses who testified at the hearing. The following is a summary of what was presented at that hearing.

[ 326 Pa. Super. Page 42]

Appellant, Donna J. Curtis, born March 15, 1963, is appellee's daughter by his former wife, who has now remarried and is Mrs. Katherine Conti. A second child, Jane Curtis, was also born of the marriage on April 3, 1965. Katherine Conti and appellee were divorced in March of 1973. Prior to that, in 1972, a support order was entered, obligating appellee to pay $225 per month for appellant, and an equal amount for her sister. The order did not specify when these payments were to terminate. Appellee faithfully paid this amount until June of 1981, when he ceased making appellant's share of the payments.

On September 2, 1981, appellant enrolled at Gannon University in Erie, Pennsylvania. Between her graduation from high school and enrollment at Gannon, she was employed at Wendy's Restaurant and earned approximately $1300.00. She is not employed during the college semester. Appellant's first semester bill at Gannon was $2430. Appellant paid this with a $2445 loan she had received. Aside from Gannon's bill, appellant has had additional expenses of $437 during the semester, which have been paid partially with summer earnings, and partially with money provided by her mother and stepfather. (R. 14a).

Appellee, who has also remarried, is an attorney employed by the Bell Telephone Company. His assets include a home in which there is approximately $20,000 in equity: a $2400 savings account; $3500 in bonds; and, $3000 worth of AT & T stock. All assets just described are owned jointly with appellee's present wife. Appellee also has approximately $238,000 worth of life insurance, some whole life and some term. He testified that he received a $2400 tax refund in 1981, and has a history of receiving tax refunds each year (R. 54a). Appellee's income, net of taxes, is $2679.66 per month.

As stated above, appellee is obligated to pay $225 per month for the support of appellant's sister, Jane. Appellee also, as of the date of the hearing, is obligated by court order to pay $1500 for support of his present wife and ...


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