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Fox v. Fox

May 28, 2010

LAURA A. FOX, RESPONDENT
v.
GARY J. FOX, PETITIONER



Petition for Allowance of Appeal from the Order of the Superior Court at 90 EDA 2008, dated August 27, 2009, affirming the Order of the Court of Common Pleas of Pike County at No. 547-Civil-2000, dated December 27, 2007

Per curiam.

ORDER

AND NOW, this 28th day of May, 2010, the Petition for Allowance of Appeal is hereby GRANTED, the order of the Superior Court VACATED, and the matter REMANDED to that court for consideration of the issue in light of Berry v. Berry, 898 A.2d 1100, 1104 (Pa. Super. 2006) (in determining income for support purposes, trial court may not include income constituting marital property under 23 Pa.C.S. § 3501, as such action would foreclose equitable distribution of those assets). Jurisdiction relinquished.

20100528

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