Wineburgh v. Wineburgh

816 A.2d 1105, 2002 Pa. Super. 415, 2002 Pa. Super. LEXIS 4140
CourtSuperior Court of Pennsylvania
DecidedDecember 31, 2002
StatusPublished
Cited by9 cases

This text of 816 A.2d 1105 (Wineburgh v. Wineburgh) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wineburgh v. Wineburgh, 816 A.2d 1105, 2002 Pa. Super. 415, 2002 Pa. Super. LEXIS 4140 (Pa. Ct. App. 2002).

Opinion

BENDER, J.

¶ 1 Iris P. Wineburgh (Mother) appeals from the April 4, 2002 order of the Court *1106 of Common Pleas of Montgomery County that excused George S. Wineburgh (Father) from paying college tuition and related expenses but required the continuation of the payment of support for the parties’ youngest son. We reverse in part and affirm in part.

¶ 2 The parties were married in 1969 and divorced in 1989. In connection with the divorce proceedings, the parties, each represented by counsel, entered into a comprehensive property settlement agreement (PSA) that was orally placed on the record before the court. The agreement addressed the division of property, child support and custody matters and was incorporated, but not merged, into the divorce decree. Specifically, with regard to the issues before us, the pertinent part of the agreement states that “Dr. Wineburgh has agreed to pay for all the children’s college expenses including room, board and tuition, reasonable transportation fees, school supplies and matriculation fees and similar expenses such as those.” N.T., 6/2/88, at 8. The agreement further provides that “with regards to the college obligations ... Dr. Wineburgh will have a say in the choice of college and that he will have the right to approve or disapprove a particular college but will exercise that right in a reasonable fashion.” Id. at 15. Additionally, the agreement also indicates “that in the event the children go on to college and continue to reside at home with Mrs. Wineburgh, there would be no reduction in the [child] support and the full amount would continue to be paid.” Id. at 7.

¶ 3 Although three children were born of the marriage, the matter before this Court concerns only support and college expenses for the youngest son, Oren, who was born October 8, 1982. On July 12, 2001, Father filed a Petition to Modify/Vacate Order of Support, claiming that, because Oren had turned 18, had graduated from high school and was not attending college, Father’s support obligation should be terminated.

¶ 4 At a support conference held on September 24, 2001, Father first learned that Oren was attending Bucks County Community College, while still living at home with Mother. Subsequently, the matter was referred to a Support Master and a conference was held on October 31, 2001. 1 The Support Master recommended that Father’s petition be denied. That recommendation was confirmed by order of court, dated November 7, 2001.

¶ 5 Father filed exceptions and a de novo hearing was held on July 12, 2002, concerning. the enforceability of the parties’ 1988 agreement in regard to Father’s obligation to pay for college tuition, related expenses and support. Following the support hearing, the court issued the following order:

[Mother] materially breached the June 2, 1988 agreement therefore [Father] is relieved from paying any college tuition and any college related expenses for Oren Wineburgh.
[Father] will continue to pay support pursuant to the agreement in the amount of $650.00 per month because Oren is living at home and attending college.

Trial Court Order, 4/4/02, at 1. Specifically, in its opinion, the court explained the basis for its decision as follows:

The Agreement as recorded, preconditions Father’s payment of college and college related expenses on consultation with Father. The Agreement provides that Father “will have a say in the *1107 choice of college and that he will have the right to approve or disapprove a particular college but.. .his approval or disapproval will not be unreasonably withheld.” (N.T. 6/2/88 p. 15). This language evinces the intent to involve Father in the decision making process as a condition precedent to Father’s duty to pay tuition and related expenses.
At the hearing, there was no dispute that Father was not informed that Oren was planning to attend college. Also there was no dispute as to the fact that Father was not involved in Oren’s college selection process. (N.T. 4/2/02 pp. 13, 19). In fact, Father has not spoken to Oren in several years. Id. at 5. The first time Father learned that Oren was attending college was at the conference in front of the Domestic Relations Officer in September 2001. Id. at 3-4. Accordingly, this Court found that Father was not consulted in the selection process. There was not even a scintilla of evidence presented to suggest otherwise. As a consequence, we found that the requirements of the Agreement were not met, and Father had no obligation to provide for Oren’s college or college expenses.
Mother does not dispute the above facts. Rather, Mother would have this Court conclude from the above facts that Father breached the Agreement. To make this leap, this Court would have had to go beyond the actual language of the Agreement and interpret the requirements of consultation and agreement to be predicated upon a continuous relationship between Father and Oren. Such interpretation defies the basic rule of contract law that when the language is clear and unambiguous, the terms will be given their plain meaning. In short, Mother and/or Oren should have consulted Father during Oren’s college selection process. Father was not given the opportunity to not to [sic] participate as Mother suggests.

Trial Court Opinion (T.C.O.), 6/5/02, at 6-7.

¶ 6 Mother now appeals to this Court, raising the following issues for our review:

I. Did the trial court abuse its discretion by holding a hearing on the issue of enforcement of settlement agreement regarding college tuition and in its reliance upon Fina v. Fina, 737 A.2d 760 (Pa.Super.1999), where no pleading raising the issue was before the court?
II. Did the trial court abuse its discretion in ruling that Mother materially breached the agreement and that the alleged breach by Mother relieved Father of his obligation to pay college tuition pursuant to the plain language of the parties’ agreement?
III. Did the trial court abuse its discretion in excluding relevant testimony?
IV. Did the trial court abuse its discretion and err as a matter of law in failing to rule that the plain language of the parties’ agreement obligates Father to pay the remaining support arrears and the cost of Oren Wineburgh’s undergraduate college expenses?

Brief of Mother at 9.

¶ 7 Initially, we note that this case requires an interpretation of the PSA entered into by the parties at the time of their divorce. 2 Because the PSA is incor *1108 porated, but not merged, with the divorce decree, the PSA “must be viewed as a separate and independent contract that survived the divorce decree.” Kripp v. Kripp, 784 A.2d 158

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Bluebook (online)
816 A.2d 1105, 2002 Pa. Super. 415, 2002 Pa. Super. LEXIS 4140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wineburgh-v-wineburgh-pasuperct-2002.