NO. 1357 Pittsburgh, 1982, Appeal from the Order of November 22, 1982 of the Court of Common Pleas of Washington County, Civil No. 324 February Term, 1982, A.D.
Damon John Faldowski, Washington, for appellant.
John R. Valaw, Pittsburgh, for appellee.
Brosky, McEwen and Beck, JJ.
[ 324 Pa. Super. Page 284]
This appeal is taken from an order of the Court of Common Pleas of Washington County which (1) dismissed a petition for modification of a separation agreement which
[ 324 Pa. Super. Page 285]
had been incorporated into a foreign divorce decree and (2) discharged a rule to show cause why appellee should not be held in contempt for failure to pay arrearages under a prior order of support. We affirm in part, reverse in part and remand.
Appellant, Dolores N. Schifano, and appellee, John A. Schifano,*fn1 were married on July 11, 1953, in Pennsylvania. Four children, all of whom are now emancipated, were born of the marriage. After the parties separated in September of 1976, husband initiated divorce proceedings in Allegheny County on October 19, 1976. Thereafter, husband was ordered by the Allegheny County Court to pay $450.00 per month for the support of his wife and $150.00 per month for the support of a minor child. The order of support was subsequently reduced to $350.00 for the support of the wife alone, the minor child having attained the age of eighteen.*fn2
On May 23, 1980, husband effectuated by praecipe the dismissal of the divorce action he had initiated in Allegheny County, only to institute, one month later, an action in divorce in Mahoning County, Ohio.
Five months later, wife, a resident of Washington County, filed a complaint in divorce in Allegheny County. Preliminary objections alleging improper venue were filed by husband, who was then residing in Mahoning County, Ohio. These objections were sustained by the Allegheny County Court and the case was transferred to the Court of Common
[ 324 Pa. Super. Page 286]
Pleas of Washington County by order dated January 21, 1981.*fn3
The Ohio action instituted by husband was scheduled for trial on October 7, 1981. Wife filed an answer in the action and was represented by counsel.*fn4 Prior to the hearing on the matter, husband and wife entered into a separation agreement which was incorporated by reference into the final decree of divorce issued by the Ohio Court on October 7, 1981. The agreement provided, inter alia:
1. The parties were married in Pittsburgh, Pennsylvania on the 11th day of July, 1953.
2. There were four (4) children born as issue of said marriage, but all are now emancipated.
3. Differences have arisen between the parties and they are now living separate and apart from each other.
4. The parties hereto desire to and by this Agreement do, settle and determine and hereby provide for a division of all property belonging to the parties, or to either of them, and alimony.
5. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, AND THE MUTUAL PROMISES AND AGREEMENTS HEREINAFTER SET FORTH, the parties hereto agree as follows:
ARTICLE III. EXPENSES AND DEBTS.
Each party shall be responsible for any and all outstanding obligations presently standing in their own name.
A. As and for distribution of marital property accumulated, Husband shall pay to the Wife, the sum of TWO ...