Opinion
No. 829 MAL 2008.
June 23, 2009.
Petition for Allowance of Appeal No. 829 MAL 2008 from the Memorandum Opinion and Order of the Superior Court dated September 9, 2008, vacating and remanding the Order of the Court of Common Pleas of Chester County dated December 28, 2007.
Prior Report: Pa.Super., 963 A.2d 577.
ORDER
AND NOW, this 23rd day of June 2009, the Petition for Allowance of Appeal is GRANTED, the order of the Superior Court is VACATED, and the order of the trial court is REINSTATED. See Humphreys v. DeRoss, 567 Pa. 614, 790 A.2d 281 (2002) (Section 4302 of the Domestic Relations Code does not include "gifts" in definition of income: a party's assets may, however, be relevant in determination of fin upward deviation from the Support Guidelines); accord Jacobs v. Jacobs, 884 A.2d 301 (Pa.Super. 2005); Pa.R.C.P.1910.16-5.