Chen v. Chen (Concurring Opinion)

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[J-169-2004] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ. WHEAMEI JENQ CHEN, Appellee v. RICHARD CHEN, Appellant THERESA CHEN, Intervenor : : : : : : : : : : : : : No. 89 MAP 2004 Appeal from the Order of the Superior Court dated December 19, 2003 at No. 2387 EDA 2002 affirming the Order of the Court of Common Pleas of Northampton County, Civil Division dated June 28, 2002 at No. 1982-C-3708 840 A.2d 355 (Pa. Super. Ct. 2003) ARGUED: October 20, 2004 CONCURRING OPINION MR. CHIEF JUSTICE CAPPY DECIDED: March 20, 2006 I join the Majority Opinion insomuch as it resolves this matter on principles of contract law. I, however, respectfully disassociate myself from the Majority s reliance on principles outside of contract law and its consideration of issues outside the scope of the issue to which this Court limited its review. See, e.g., Maj. Op. at 12-15 (discussing competing policy considerations); id. at 6, n.8 (commenting on the trial court s calculation of child support).

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