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11/25/97 MARY A. GASTER VS EDWIN S. GASTER

November 25, 1997

MARY A. GASTER VS EDWIN S. GASTER, APPELLANT


Appeal from the Order entered April 8, 1996 docketed April 9, 1996 in the Court of Common Pleas of Dauphin County, Civil No. 123 S 1992. Before TURGEON, J.

Before: Cirillo, P.j.e., and Popovich and Hester, JJ.

The opinion of the court was delivered by: Cirillo

OPINION BY CIRILLO, P.J.E.:

FILED November 25, 1997

Appellant Edwin S. Gaster (Father) appeals from an order of the Court of Common Pleas of Dauphin County requiring him to pay college support for the parties' oldest daughter, Cybil.

On August 4, 1992, Edwin and Mary Gaster (Mother) were divorced. One month prior to the divorce, the Gasters had entered into a separation and property settlement agreement. That agreement was incorporated, but not merged, into the divorce decree. The agreement provides in relevant part:

Should any of the children seek higher education beyond the high school level, [Father] agrees to assist payment [sic] of such higher educational expenses. Both parties shall contribute to the children's college expenses considering their respective financial abilities and the aptitude of the children.

The parties shall confer with each other with regard to the nature and extent of the formal education of the children. Both parties shall be involved with their children in choosing a college/university or trade school.

Property Settlement Agreement, P 12.

Father failed to contribute to college support for Cybil. Mother filed a petition for contempt. Father filed a counter-petition for contempt, alleging that Mother, too, had violated the agreement by excluding him from participating in Cybil's college choice.

The court held a hearing on the contempt petitions. After the hearing, the court entered the following order:

1. Edwin S. Gaster is obligated to pay child support for Cybil in the amount of $5,370.00 per year for the 1995-96 college year, payable on or before June 1, 1996.

2. Edwin S. Gaster is obligated to pay child support for Cybil for the 1996-97 college year in the amount of $5,351.92 in monthly installments ...


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