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CANDY SUE HARTLEY v. D. MICHAEL HARTLEY (06/30/87)

filed: June 30, 1987.

CANDY SUE HARTLEY
v.
D. MICHAEL HARTLEY, APPELLANT



Appeal from the Judgment entered in the Court of Common Pleas of Butler County, Civil Division, No. F.C. No. 82-223-S, BOOK 3, PAGE 304.

COUNSEL

James Coulter, Butler, for appellant.

William C. Robinson, Butler, for appellee.

Cirillo, President Judge, and Montemuro and Tamilia, JJ.

Author: Tamilia

[ 364 Pa. Super. Page 431]

Appellee/wife brought a petition to modify an earlier spousal and child support award entered against appellant/husband.

[ 364 Pa. Super. Page 432]

Husband*fn1 timely appeals an Order of the lower court which granted modification of the support award. He alleges the lower court erred in failing to credit him for real estate taxes he paid on the marital residence.

A detailed recitation of the facts in this case is necessary in order to understand the issue on appeal. The parties to this action separated in February of 1982. An Order of November 10, 1982, required husband to pay $1200 per month support for wife and three minor children, and $490 per month mortgage on the marital domicile.*fn2 A modification to the original Order, dated November 7, 1983, continued to place the support obligation on the husband, ordering him to pay $1200 per month for support of wife and two minor children and $490 per month mortgage on the marital domicile.*fn3 A subsequent modification to the support Order was made on May 6, 1985, requiring husband to pay $1435 per month for the support of wife and two minor children.*fn4 A divorce Decree was entered December 3, 1985. By a subsequent Order of Court dated February 18, 1986, husband was ordered to pay, retroactive to June 5, 1985, $1600 per month support and maintenance for wife and one minor child.*fn5 The same Order also stated:

Effective February 13, 1985 and continuing during occupancy of the marital property Candy Sue Hartley shall pay the monthly mortgage installments. In addition it is ordered that Candy Sue Hartley pay the insurance expense, the taxes and the cost of maintenance. The aforementioned

[ 364 Pa. Super. Page 433]

    expense shall be pro-rated on a calendar year basis in computing the respective obligations for 1985. The said David M. Hartley shall be credited with the expenses he has paid upon producing to ...


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