Exner v. Exner

WIEAND, Judge:

In this assumpsit action for breach of a separation agreement, the Court of Common Pleas of Bucks County granted husband-appellee’s motion for summary judgment on the ground that a prior judgment in equity in favor of appellant was res judicata and barred the action. We affirm.

Prior to divorce, the parties to this action entered into a separation agreement on April 17, 1973, which provided in pertinent part:

“Husband agrees to pay to Wife the sum of $200.00 per week as alimony. Each year this figure shall be increased by $10.00 per week beginning with the first payment in January…