delCastillo v. delCastillo

I must respectfully dissent from the majority’s conclusion that the lower court correctly interpreted the settlement agreement to require Dr. Juan J. delCastillo to pay for his son’s Bachelor’s Degree only. Based on Dr. delCastillo’s testimony, I am absolutely convinced that he is obligated to fund his son’s undergraduate and graduate studies.

When interpreting a settlement agreement, the trial court is the sole fact-finder and, absent an abuse of discretion, we will not usurp that function. Nitkiewicz v. Nitkiewicz, 369 Pa.Super. 504, 507, 535 A.2d 664, 665 (1988), appeal denied, 520 Pa. 589,…