DocketNumber: No. 00822
Citation Numbers: 353 Pa. Super. 223, 509 A.2d 417
Judges: Brosky, Cavanaugh, Files, Watkins
Filed Date: 5/19/1986
Status: Precedential
Modified Date: 2/18/2022
This is an appeal from an Order entered March 5, 1984 in the Court of Common Pleas of Allegheny County dismissing appellant’s exceptions and adopting a Decree Nisi as a final decree.
Appellant presents the following questions for our consideration: (1) Did the court below err in allowing appellee’s claim for reimbursement for his costs of improving the marital residence? (2) Did the court below err when it allowed the deduction of an amount paid to satisfy a judgment against the appellant from the appellant’s share of the proceeds of the partition sale even though a Decree of Divorce was not recorded in accordance with Pa.Stat.Ann. tit. 68 § 503 (Purdon 1984-1985)? (3) Did the court below err in failing to include certain court costs and interest in the sum to be paid to the appellant in satisfaction of a judgment held against the appellee?
The court below has adequately disposed of the first and second questions presented on appeal. Accordingly, we turn to the remaining question.
The court below recognized and we agree that denial of those costs was improper in light of the clear instruction of the statute (68 P.S.A. Section 503) to include costs when determining the amount to be deducted from the share of a party against whom a lien has been filed.
Regarding the interest, the judgment against appellee and in favor of appellant was based on a Decree Nisi in the amount of $2,297.00 entered in the Court of Common Pleas of Allegheny County on December 17, 1979. However, a judgment in favor of appellant and against appellee in the amount of $3,026.94 was entered upon revival of the Decree Nisi on April 3, 1985. Appellee submits that appellant is only entitled to that interest which accrued prior to the funds being deposited in the escrow account as the escrow account is an interest bearing account.
The statute (68 Pa.S.A. § 503) provides that interest shall be paid, however, Section 503 does not mandate that interest shall be paid twice. Therefore, we cannot conclude that the trial court erred in approving the trustee’s decision not to permit the interest.
Considering the foregoing we reverse and remand that portion of the trial court’s order denying appellant’s costs with instructions to deduct those costs from appellee’s share. As to the remaining questions, we affirmed the trial court’s order.