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COMMONWEALTH PENNSYLVANIA EX REL. RHODA COOK v. ALBERT COOK (08/06/82)

filed: August 6, 1982.

COMMONWEALTH OF PENNSYLVANIA EX REL. RHODA COOK
v.
ALBERT COOK, APPELLANT



No. 1365 October Term, 1979, Appeal from the Order of the Court of Common Pleas of Montgomery County, Criminal Division, at No. 294 April Term, 1968 - Support.

COUNSEL

Charles M. Golden, Philadelphia, for appellant.

Lewis Kates, Philadelphia, for Commonwealth, appellee.

Price, Cavanaugh and Watkins, JJ.

Author: Price

[ 303 Pa. Super. Page 63]

The instant appeal is from an order directing, inter alia, enforcement of a prior support order entered by the court below. For the reasons stated herein, we affirm.

The circumstances leading to this appeal are these. Albert and Rhoda Cook were married in 1953. They are the parents of two children: Hillary, born February 16, 1957, and Jonathan, born January 2, 1962. Appellant and his wife separated on or about January 1, 1968 and, on February 16, 1968, Mrs. Cook filed a complaint in the court of common pleas seeking support for herself and the two children. An order directing appellant to pay $1200 a month for the combined support of his wife and children was entered by the court below on July 1, 1968.

On July 11, 1972, the parties concluded a marital settlement agreement which provided, inter alia, that appellant would pay $200 a month for the support of the children and $1200 a month for the support of Mrs. Cook.*fn1 The parties were divorced on September 1, 1972 and, on September 22, 1972, the court below modified the original support order by

[ 303 Pa. Super. Page 64]

    entering a new order incorporating the child support provisions of the marital settlement agreement.

On March 22, 1978, appellant filed a petition to reduce the amount of support, alleging that the parties' daughter was emancipated. Appellee filed an answer, new matter, and a counterclaim to the petition, denying the daughter's emancipation and seeking an increase in the amount of support. Before the matter could be heard by the court below, however, the parties resolved their differences, and, in a letter to the Honorable Robert W. Honeyman dated December 14, 1978, set out their resolution. Appellant agreed to withdraw his petition seeking reduction of the amount of support, and appellee agreed to withdraw her counterclaim for increased support upon the following conditions:

(a) The support as provided by the Order of this Court [dated September 22, 1972] and the payments as provided by the Agreement between the parties dated July 11, 1972 shall continue without remission, reduction or abatement;

(b) On or before December 22, 1978, the defendant shall pay to the plaintiff the sum of $500.00, pursuant to the terms of Paragraph 2 ...


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