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MONA DOYLE v. PATRICK DOYLE (08/11/86)

filed: August 11, 1986.

MONA DOYLE, APPELLANT,
v.
PATRICK DOYLE, APPELLEE



Appeal from the Order of the Court of Common Pleas of Bucks County, Civil, at No. A06-85-60648-F-10.

COUNSEL

Maureen D. Serpico, Doylestown, for appellant.

Robert L. White, Langhorne, for appellee.

Cirillo, Popovich and Montemuro, JJ.

Author: Montemuro

[ 355 Pa. Super. Page 385]

This appeal lies from an order entered by the Bucks County Court of Common Pleas on May 15, 1985, denying appellant's petition to enforce, register and adopt a foreign divorce decree, pursuant section 506 of the Divorce Code.*fn1

On March 29, 1983, the District Court of Dallas County, Texas, 330th Judicial District, entered a decree which divorced

[ 355 Pa. Super. Page 386]

    the parties, and "approved and incorporated" a property settlement agreement dated January 11, 1983.*fn2

The section of the property settlement agreement that is the subject of this appeal reads as follows:

PERIODIC PAYMENT

1. In discharge of PATRICK E. DOYLE'S marital obligations toward MONA DOYLE, in consideration of his love and affection for her, and in consideration of her past performance, and for maintenance and support, and not as a part of any property division, distribution, settlement, or payment for her interest in community property. Mr. Doyle shall pay to Mrs. Doyle, beginning on or before the first day of the month following the sale of the parties' homestead in Dallas, and on or before the first of each month thereafter for a period of 18 months the sum of $1,400.00; and he shall then pay the sum of $1,200.00 per month for the next 18 months continuing on or before the first day of the month following the last $1,400.00 payment, making a total of 36 monthly payments hereunder.

2. Mr. Doyle's obligation under this section V, following the divorce of the parties, shall terminate in the event of the death of either party. The parties acknowledge that payments under this section shall be reported as income by Mrs. Doyle on her U.S. Individual Income Tax Return and shall be ...


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