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PATRICIA J. GRIFFIN v. VINCENT A. GRIFFIN (04/25/89)

filed: April 25, 1989.

PATRICIA J. GRIFFIN
v.
VINCENT A. GRIFFIN, SR., APPELLANT (TWO CASES). PATRICIA J. GRIFFIN, APPELLANT V. VINCENT A. GRIFFIN, SR.



Appeal from the Order Entered October 22, 1987, in the Court of Common Pleas, Civil Division, of Monroe County, 270 DR 1987. Appeal from the Order Entered November 17, 1987, in the Court of Common Pleas, Civil Division, of Monroe County, 270 DR 1987. Appeal from the Order Entered November 17, 1987, in the Court of Common Pleas, Civil Division, of Monroe County, 270 DR 1987.

COUNSEL

John P. Lawler, Stroudsburg, for appellant (at Nos. 3239 and 3556) and for appellee (at No. 3528).

Anne C. Tiracchia, Stroudsburg, for appellant (at No. 3528) and for appellee (at Nos. 3239 and 3556).

Brosky, Rowley and McEwen, JJ.

Author: Rowley

[ 384 Pa. Super. Page 212]

In these appeals, Patricia J. Griffin (hereinafter "Wife") and Vincent A. Griffin, Sr. (hereinafter "Husband"), challenge

[ 384 Pa. Super. Page 213]

    orders entered on October 22, 1987, and November 17, 1987, by the trial court to compel Husband to meet the child support obligations imposed upon him by the court's earlier order of August 3, 1987. The August 3 order directed Husband to pay $600.00 per week toward the support of the parties' three minor children and to pay two-thirds of the college expenses of the three older children. Husband previously took an appeal from the order of August 3, 1987, and it has been decided by an en banc panel of this Court. The portion of the August 3 order directing Husband to pay two-thirds of the college expenses of his oldest daughter, Cecilia, for the academic year 1987-88 was vacated and the case was remanded to the trial court for the taking of further evidence concerning Cecilia's entitlement to support. The remainder of the order was affirmed. Griffin v. Griffin, 384 Pa. Super. 188, 558 A.2d 75 (1989) (en banc).

In his present appeal at No. 3239 Philadelphia 1987, Husband contends that the trial court erred when, in an order entered on October 22, 1987, it found Husband in contempt for failing to pay child support as directed in the August 3, 1987 order. The court sentenced Husband to ninety days in jail but gave him the option of purging himself of contempt by complying in full with the child support order and paying arrearages and costs.

The appeals at Nos. 3528 and 3556 Philadelphia 1987 are taken from the trial court's order of November 17, 1987, directing that payment of the August 3 order be made from various funds available to Husband in order to satisfy Husband's obligation under the August 3, 1987 order. Wife appeals, at No. 3528, from paragraph 4 of the November 17 order, which directs the United Penn Bank of Stroudsburg to pay the sum of $600.50 per week to the Monroe County Domestic Relations Office, the payments to be made from an account in the name of Griffin and Griffin, Inc., a construction firm owned by Husband and Wife. It is further directed that the payments be applied to Husband's child support obligation. Husband cross-appeals, at No.

[ 384 Pa. Super. Page 2143556]

, from that portion of paragraph 1 of the November 17 order which directs Shearson Lehman Brothers, Inc. to liquidate Husband's remaining asset in their possession, "to wit, a partnership interest," which Husband identifies as a retirement account, so that the funds will be available to provide for the college tuition of the children for the 1988-89 school year; and from paragraph 3, which directs attorney John P. Lawler to pay to the Domestic Relations Office, to be credited to Husband's account, $20,000 presently in Mr. Lawler's possession and belonging to Husband, that sum allegedly having been lent to Husband by his mother.

Each of these appeals will be addressed separately. For the reasons set forth below, we affirm the contempt order appealed by Husband at No. 3239 and the portions of the November 17, 1987, order appealed by Husband at No. 3556, and we vacate the ...


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