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ELISSA BARBARA POTTER FACTOR v. MARVIN W. FACTOR (08/24/87)

filed: August 24, 1987.

ELISSA BARBARA POTTER FACTOR
v.
MARVIN W. FACTOR, APPELLANT (THREE CASES)



Appeal from the Order entered July 9, 1986 in the Court of Common Pleas of Montgomery County, Civil Division, No. 83-15693. Appeal from the Order entered August 6, 1986 in the Court of Common Pleas of Montgomery County, Civil Division, No. 83-15693. Appeal from the Order entered August 27, 1986 in the Court of Common Pleas of Montgomery County, Civil Division, No. 83-15693.

COUNSEL

Frederick Cohen, Norristown, and Charles V. Stoelker, Jr., Philadelphia, for appellant (at 2031, 2129 and 2353).

Parker H. Wilson, Norristown, for appellee (at 2031, 2129 and 2353).

Cirillo, President Judge, and Tamilia and Cercone, JJ.

Author: Cercone

[ 367 Pa. Super. Page 130]

These consolidated appeals are from three orders of the lower court imposing sanctions against appellant, Mr. Factor, for contempt of court.

On January 17, 1985, the lower court entered a divorce decree which incorporated a property settlement agreement ("Agreement") executed by the parties on December 14, 1984. On April 4, 1986, appellee, Mrs. Factor, filed a petition seeking to hold appellant in contempt for his alleged willful noncompliance with the terms of the Agreement. The contempt petition raised the following issues:

1. Failure to make a lump sum payment of $20,000 to Mrs. Factor;

2. Failure to comply with the obligations to pay alimony to Mrs. Factor;

3. Failure to pay for certain automobile expenses incurred by Mrs. Factor;

4. Failure to reimburse Mrs. Factor for medical insurance expenses incurred on behalf of herself and the parties' children;

5. Failure to reimburse Mrs. Factor for medical expenses for the parties' children not covered by medical insurance;

6. Failure to comply with provisions regarding payment for summer camp for the parties' child, Jed;

7. Failure to reimburse Mrs. Factor for clothing expenditures for the parties' children;

8. Failure to pay for therapy for the parties' child, Jed;

9. Failure to pay for the education expenses for the parties' child, Matthew;

[ 367 Pa. Super. Page 13110]

. Failure to reimburse the parties' child, Jed, for ice hockey expenses; and

11. Failure to verify the existence of insurance coverage.

Following the filing of an answer by appellant, a series of hearings were held on the petition on June 9, June 26 and June 30, 1986. On July 9, 1986, the lower court issued an order finding appellant in contempt of various provisions of the Agreement and directing appellant, "in lieu of any fine", inter alia, to reimburse appellee for all unpaid counseling and tutoring for their son Jed no later than December 31, 1986; to pay one-half of their son Matthew's college expenses ($7000.00) forthwith and to pay the balance by January 1, 1987; and to pay $12,000.00 for Jed's boarding school expenses in the manner required by the institution.

Because Mr. Factor failed to comply with the court's order of July 9, 1986 as it concerned Jed's education, Mrs. Factor filed a Motion for Sanctions and a Motion to Dismiss or Strike Mr. Factor's request for post-trial relief. Following answer and hearing on August 6, 1986, Judge Salus entered the Order of August 6, 1986 granting the motion of Mrs. Factor to dismiss Mr. Factor's motion for ...


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