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Kripp v. Kripp

Where petitioners former husband discontinued payments of alimony and child support under the couples Property Settlement Agreement, denial of petition for contempt filed against him reversed because reference to cohabitation in Agreement was not ambiguous, and trial court erred by admitting parol evidence regarding parties' intent in their use of the term and by expanding meaning of the term "cohabitation" to include petitioners same-sex roommate.

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OPINION

� 1 In this case of first impression, Robin Kripp (“Wife”) appeals from the order entered October 23, 2000 by the Honorable James P. MacElree, II, of the Court of Common Pleas of Chester County denying her petition for contempt filed against her former husband, Anthony Kripp (“Husband”). The trial court, following a hearing in which parol evidence was admitted in order to interpret the intent of the parties by the use of the word “cohabitation” in their Property Settlement Agreement, denied Wife’s contempt petition, holding that she had violated the terms of the Property Settlement Agreement by cohabiting with another woman. Upon thorough review of the record before us, as well as the law of this Commonwealth, we reverse.

� 2 The record reveals the following relevant facts and procedural history. The parties were married on April 19, 1982. Three children were born of this marriage. The parties separated in March of 1996 and, on July 18, 1996, Anthony Kripp filed a divorce complaint against Robin Kripp. A decree in divorce was entered on July 13, 1998. The parties previously had executed a Property Settlement Agreement (“Agreement”) on May 12, 1998 as part of the divorce proceedings which was incorporated, but not merged, with the divorce decree. Following the divorce, Wife relocated to Kentucky, where she currently resides.

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