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← 379 Pa. Super. 45 - Dechter v. Kaskey

379 Pa. Super. 45 - Dechter v. Kaskey’s Empirical Analysis

1988

Citation profile

23
cited by 23 later decisions
1
states following
November 1997
most recently cited

23 state decisions

Relationships

Relies on 378 Pa. Super. 474 - Sonder v. Sonder · Brown v. Hall · Commonwealth Ex Rel. Magaziner v. Magaziner · 311 Pa. Super. 495 - Millstein v. Millstein · Silvestri v. Slatowski

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Pursuant to Sonder , we held both agreements and support Orders under certain circumstances could be given independent effect. Obviously, double recovery cannot be allowed on both the agreement and the support Order. To the extent the agreement is not completely satisfied by giving credit for the amount paid pursuant to the support order, a debt is accumulated which may be recovered in an action of assumpsit or in equity. However, as we stated in Sonder , the enforcement remedies are not those pursuant to the support laws, therefore, attachment of the person and wage attachment are not permissible. In this respect, by retaining the validity of the agreement, we do not offend Millstein v. Millstein, 311 Pa.Super. 495 , 457 A.2d 1291 (1983) (an agreement for child support may not be reduced by the court, although an Order to increase support is permissible when circumstances warrant) and Brown v. Brown, 495 Pa. 635 , 435 A.2d 859 (1981) (unless an agreement is merged into the divorce decree, it may not be modified by the court).”
    4 later decisions quote this exact passage
  2. “[A]nd it is further ordered and adjudged and decreed, pursuant to Pa.R.C.P. 1920.1 et seq. and Act 26-1980, 23 P.S. § 1, et seq., the Divorce Code that the terms, provisions, and conditions of certain property settlement agreement between the parties dated November 29, 1983, and attached to this decree and Order as exhibit A is hereby incorporated into this decree and Order by reference as fully as though the same were set forth at length. Said agreement shall not merge but shall survive this decree and Order.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.