LATOYA L. BRICKUS vs. RAYMOND T. DENT

LATOYA L. BRICKUS vs. RAYMOND T. DENT No. 1648 EDA 2009 2010 PA Super 183 Atlantic: n/a Filed: 10/1/2010
	Appeal from the Order entered May 11, 2009 In the Court of Common Pleas of Chester County Domestic Relations, No. 1358 N 1999
Before: BOWES, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Dissenting Opinion by: BOWES, J.
Appellant, Latoya L. Brickus (“Mother”), appeals from the order entered in the Chester County Court of Common Pleas, which declined to implement the hearing officer’s report and recommendation to increase the support obligation of Appellee, Raymond T. Dent (“Father”), in accordance with amended state support guidelines. For the following reasons, we vacate and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. ANDRE HALL

COMMONWEALTH OF PENNSYLVANIA v. ANDRE HALL No. 210 EDA 2008 2010 PA Super 79 Atlantic: n/a Filed: 5/4/2010
	Appeal from the Judgment of Sentence Entered August 6, 2007, Court of Common Pleas, Philadelphia County,Criminal Division, at Nos. CP-51-CR-0300801-2005 and CP-51-CR-0400131-2005.
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN and ALLEN, JJ.
Opinion by: SHOGAN, J.
Dissenting Opinion by: ALLEN, J.
Appellant, Andre Hall, appeals from the judgment of sentence entered on August 6, 2007, in the Philadelphia County Court of Common Pleas. The judgment of sentence included a term of imprisonment followed by probation for his conviction of voluntary manslaughter. As a condition of probation, the sentencing court directed Appellant to pay child support to the decedent’s two young children. Appellant appeals this condition. Because we hold that the portion of the sentence that required Appellant to pay child support for the decedent’s children was an illegal sentence, we vacate the judgment of sentence and remand for re-sentencing.

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ROBERT J. CASTALDI v. CAROLYN A. CASTALDI-VELORIC

ROBERT J. CASTALDI v. CAROLYN A. CASTALDI-VELORIC No. 969 EDA 2009 2010 PA Super 38 Atlantic: n/a Filed: 3/17/2010
	Appeal from the Order entered February 26, 2009 In the Court of Common Pleas of Delaware County Domestic Relations at No(s): DOCKET#: 9001482 PACSES#: 592004333
Before: STEVENS, MUNDY, JJ., and McEWEN, P.J.E.
Opinion by: STEVENS, J.
Concurring Statement by: McEWEN, P.J.E.
Father appeals pro se from the Order entered in the Court of Common Pleas of Delaware County, which dismissed his petition to modify the termination date of his child support obligation and arrears as it relates to his now adult daughter, Stephanie. On appeal, Father contends that, since Mother failed to respond to emancipation inquiries, the Delaware County Domestic Relations Office (Domestic Relations Office) properly terminated child support as to Stephanie on January 17, 2007, which was her eighteenth birthday. Father further contends that the Domestic Relations Office was not permitted to subsequently modify the termination date to reflect the date of Stephanie’s graduation from high school, which was June 14, 2007. After a careful review, we affirm.

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EVEANN MURPHY v. NICHOLAS MURPHY

EVEANN MURPHY v. NICHOLAS MURPHY No. 424 EDA 2009 2010 PA Super 10 Atlantic: n/a Filed: 1/22/2010
	Appeal from the Order entered December 12, 2008 In the Court of Common Pleas of Bucks County Domestic Relations, No. A06-05-60975-S-29
Before: STEVENS, GANTMAN, AND ALLEN, JJ.
Opinion by: GANTMAN, J.
Appellant, Nicholas Murphy (“Father”), appeals from the order entered in the Bucks County Court of Common Pleas, which upheld its June 12, 2008 order directing Father to pay spousal and child support to Eveann Murphy (“Mother”), upon finding that Father had received sufficient notice of the court’s June 12, 2008 rescheduled support hearing. Specifically, Father asks us to determine whether the court provided sufficient notice of the June 12th hearing. We hold the court properly found Father had sufficient notice of the rescheduled hearing at issue. Accordingly, we affirm.

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STUART J. MACKAY vs. JAMIE K. MACKAY (at 192) JAMIE K. MACKAY vs. STUART J. MACKAY

STUART J. MACKAY vs. JAMIE K. MACKAY (at 192) JAMIE K. MACKAY vs. STUART J. MACKAY (at 193) No. 192 and 193 WDA 2009 2009 PA Super 219 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order Entered January 26, 2008 In the Court of Common Pleas of Allegheny County Civil Division at Nos.: 05-03738-001 PACSES No. 105107428
Before: BENDER, BOWES and CLELAND, JJ.
Opinion by: BENDER, J.
In these consolidated appeals, Jamie K. Mackay (“Mother”) appeals from the orders entered on January 22, 2009 and January 26, 2009, respectively, wherein the trial court directed Stuart J. Mackay (“Father”) to pay a monthly child support obligation of $810.00 for three minor children and denied Mother’s “Petition to Enforce Agreement” and her claim for counsel fees. We affirm.

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CHRYSTAL CAMPBELL v. EARL R. WALKER, JR. APPEAL OF: DEPARTMENT OF PUBLIC WELFARE

CHRYSTAL CAMPBELL v. EARL R. WALKER, JR. APPEAL OF: DEPARTMENT OF PUBLIC WELFARE No. 1631 EDA 2008 2009 PA Super 198 Atlantic: n/a Filed: 10/14/2009
	Appeal from the Order entered May 20, 2008, in the Court of Common Pleas, Philadelphia County, Domestic Relations, No. 99-17726; Pacses No. 849101063
Before: BENDER, SHOGAN, JJ., and McEWEN, P.J.E.
Opinion by: McEWEN, P.J.E.
The Commonwealth of Pennsylvania Department, of Public Welfare (hereinafter DPW) has appealed from a Court of Common Pleas order that vacated a lien against proceeds that were due appellee, Earl R. Walker, Jr., from Allstate Insurance Company pursuant to the settlement of a personal injury lawsuit. We reverse.

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ROBERTA L. SILVER v. RALPH B. PINSKEY

ROBERTA L. SILVER v. RALPH B. PINSKEY No. 731 MDA 2007 2009 PA Super 183 Atlantic: 981 A.2d 284 Filed: 9/15/2009
	Appeal from the Order entered April 20, 2007 In the Court of Common Pleas of Dauphin County Domestic Relations, No. 2587 DR 99 PACSES #700101608
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN*, KLEIN, GANTMAN, PANELLA, AND DONOHUE, JJ.
Opinion by: GANTMAN, J.
Appellant, Ralph B. Pinskey (“Father”), appeals pro se from the support order entered in the Dauphin County Court of Common Pleas, asking us to determine whether the trial court had subject matter jurisdiction to award Appellee, Roberta L. Silver (“Mother”), one half of the Social Security benefits Father receives as representative payee for the children. Father also challenges other sections of the order as unenforceable as written. We hold the court’s jurisdiction in this case is sound, the Social Security derivative benefits at issue can be subject to legal process under 42 U.S.C.A. § 659 to enforce a child support obligation. Nevertheless, we vacate that part of the order setting Father’s basic support obligation at $0.00 and directing him to split with Mother the monthly Social Security derivative payments of $1,164.00. We remand the matter to the trial court to correct the record to comport with the court’s intent to ensure the children will benefit from the Social Security derivative payments regardless of whether they are staying with Father or Mother. We affirm the support order in all other respects.

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COLLEEN MURPHY v. JAMES MCDERMOTT

COLLEEN MURPHY v. JAMES MCDERMOTT No. 2047 MDA 2007 2009 PA Super 151 Atlantic: 979 A.2d 373 Filed: 7/31/2009
	Appeal from the Order entered on October 24, 2007, in the Court of Common Pleas of Luzerne County, Domestic Relations, No. 1703 of 2002, PASCES No. 604104872
Before: LALLY-GREEN, FREEDBERG, and FITZGERALD,* JJ.
Opinion by: LALLY-GREEN, J.
Concurring and Dissenting Opinion by: FITZGERALD, J.
Appellant, James McDermott (“Father”), appeals from the order entered in the Luzerne County Court of Common Pleas, dismissing his exceptions to a support order for the parties’ minor child, A.M. (“Child”), born on July 30, 2002. We hold that the court erred in calculating: (1) Father’s 2008 income by including one-time stock options exercised in 2007; (2) Father’s 2006 and 2007 income by failing to calculate perquisite income from personal use of a company-provided vehicle appropriately; and (3) Father’s income by not accounting for the withdrawal penalty when it included his employer’s gross contributions to his 26 U.S.C. § 401(k) and stock accounts. Accordingly, we vacate the order and remand for further proceedings.

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SHEILA T. KREBS (n/k/a SHEILA T. JOHNSON) v. WILLIAM A. KREBS, III

SHEILA T. KREBS (n/k/a SHEILA T. JOHNSON) v. WILLIAM A. KREBS, III No. 1982 EDA 2008 2009 PA Super 115 Atlantic: 975 A.2d 1178 Filed: 6/23/2009
	Appeal from the Order Entered June 5, 2008, Court of Common Pleas, Chester County, Domestic Relations Division, at No. 1279 N 1997.
Before: KLEIN, SHOGAN, JJ. and McEWEN, P.J.E.
Opinion by: SHOGAN, J.
Concurring and Dissenting Opinion by: KLEIN, J.
Appellant, Sheila T. Krebs, n/k/a Sheila Johnson, (“Wife”) appeals from the order awarding her counsel fees in the amount of $5,000.00 to be paid by Appellee, William A. Krebs, III (“Husband”). We vacate and remand.

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Superior Court - IN RE: ESTATE OF BRUCE E. JOHNSON, DECEASED APPEAL OF: VALERIE S. GAYDOS, EXECUTOR APPEAL OF: DEBORAH ROGERS JOHNSON

IN RE: ESTATE OF BRUCE E. JOHNSON, DECEASED APPEAL OF: VALERIE S. GAYDOS, EXECUTOR APPEAL OF: DEBORAH ROGERS JOHNSON No. 1836 and 1922 MDA 2007 2009 PA Super 54 Atlantic: 970 A.2d 433 Filed: 3/27/2009
	Appeal from the Decree entered on September 21, 2007, in the Court of Common Pleas of Dauphin County, Orphans' Court Division, at No(s). 278 Year 2002.
Before: LALLY-GREEN, GANTMAN and ALLEN, JJ.
Opinion by: LALLY-GREEN, J.
Appellant/Cross-Appellee, Valerie S. Gaydos (“Executor”), executor of the Estate (the “Estate”) of Bruce E. Johnson (the “Deceased”), and Appellee/Cross-Appellant Deborah Rogers Johnson (“Johnson”), appeal from the trial court’s order and decree of September 21, 2007. We affirm in part and vacate in part.

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Superior Court - DIANE P. RICH v. JOHN W. RICH, JR.

DIANE P. RICH v. JOHN W. RICH, JR. No. 93 MDA 2008 2009 PA Super 7 Atlantic: 967 A.2d 400 Filed: 1/15/2009
	Appeal from the Order Entered January 3, 2008 In the Court of Common Pleas of Schuylkill County Domestic Relations at Nos.: 2003-36076 PACSES No. 658105245
Before: Orie Melvin, Bender and Fitzgerald, JJ.
Opinion by: BENDER, J.
John W. Rich, Jr., (Father) appeals from the January 3, 2008 order directing that he pay child support to Diane P. Rich (Mother) on behalf of the parties’ four children. Mother cross-appeals from the same order. We affirm in part and vacate and remand in part.

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Superior Court - MELISSA L. PLUNKARD v. JOHN L. McCONNELL

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MELISSA L. PLUNKARD v. JOHN L. McCONNELL No. 538 WDA 2008 2008 PA Super 282 Atlantic: 962 A.2d 1227 Filed: 12/12/2008
	Appeal from the Order February 19, 2008, In the Court of Common Pleas of Butler County, Domestic Relations Division at No. 25086.
Before: KLEIN, POPOVICH and FITZGERALD, JJ.
Opinion by: POPOVICH, J.
Melissa L. Plunkard (Mother) appeals the order entered on February 19, 2008, in the Court of Common Pleas of Butler County, that granted the petition of John L. McConnell (Father) to terminate his support obligation for their minor child (Child), pursuant to Pa.R.C.P. 1910.19(f). Upon review, we reverse in part and reman

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Superior Court 9/18/08 - R.C. v. J.S.

R.C. v. J.S.
No. 1174 WDA 2008 2008 PA Super 219 Atlantic: n/a Filed: 9/18/2008
Appeal from the Order of May 24, 2007,in the Court of Common Pleas of Allegheny County,Family Court Division, at No. FD 95-09765-016.
Before: STEVENS and BOWES, JJ. and MCEWEN, P.J.E.
Opinion by: BOWES, J.
The question presented on appeal is whether child support can be suspended based upon a temporary institutionalization of the child. We answer that inquiry in the negative and therefore reverse.

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Superior Court 8/11/08 - SHARON L. STYLE v. RONALD C. SHAUB

SHARON L. STYLE v. RONALD C. SHAUB
No. 1250 MDA 2007 2008 PA Super 184 Atlantic: n/a Filed: 8/11/2008
Appeal from the Order entered June 19, 2007,Court of Common Pleas, Lancaster County,Domestic Relations at PACSES No. 783101907
Before: FORD ELLIOTT, P.J., DONOHUE and POPOVICH, JJ.
Opinion by: DONOHUE, J.
Appellant Sharon L. Style (“Style”) appeals the order of the Court of Common Pleas of Lancaster County, Pennsylvania dismissing a petition for child support filed on behalf of her adult son, Dustin Charles Shaub (“Dustin”). After careful review, we affirm.

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Our Court has not previously addressed the issue of whether it is permissible to assert a post-majority claim for support after a previous support order was terminated pursuant to Rule 1910.19(e). Our decisions in this area have all addressed the uninterrupted continuation of support after age 18, see, e.g., Com. ex. rel. Cann v. Cann, 418 A.2d 403, 405 (Pa. Super. 1980), or a first request for support of a mentally or physically disabled adult child. See Kotzbauer; see also Hanson v. Hanson, 625 A.2d 1212, 1214 (Pa. Super. 1993).

¶ 10 In this case, we first note that the original (pre-majority) child support order was properly terminated pursuant to Rule 1910.19(e). Rule 1910.19(e), adopted on October 11, 2002, provides a mechanism for termination of child support orders when the child becomes an adult. It requires the domestic relations section, within one year from the date when the child will reach eighteen, to issue an “emancipation inquiry” requesting relevant information regarding whether child support should be continued. If no response is received or if grounds are not asserted that would justify the continuation of child support, then the trial court may terminate the child support order without further proceedings.

Although the pre-majority child support order was properly terminated pursuant to Rule 1910.19(e), we do not agree with the trial court that Style was estopped from filing a new request for support.

Superior Court 6/24/08 - ANNETTE SIRIO, Appellant at 1179 v. CARL A. SIRIO, Appellant at 1068

ANNETTE SIRIO, Appellant at 1179 v. CARL A. SIRIO, Appellant at 1068
No. 1068 & 1179 WDA 2007 2008 PA Super 133 Atlantic: n/a Filed: 6/24/2008
Appeals from the Order entered May 18, 2007, in the Court of Common Pleas of Allegheny County, Family Court, at No. FD 00-008000-008.
Before: ORIE MELVIN, BENDER and ALLEN, JJ.
Opinion by: ALLEN, J.
In these appeals, the parties challenge the trial court’s award of child support and attorney fees. We affirm in part, reverse in part, and remand with instructions.

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Father raises the following issues:
A. Did the trial court commit an error of law by entering a confiscatory and anomalous child support award that relieved Mother of any financial responsibility for the children’s reasonable needs, bore no relationship to the Guideline amount for child support or to the prior child
support order, and effectively compelled Father’s current wife to contribute more than Mother?
B. Did the trial court abuse its discretion by adopting the Hearing Officer’s miscalculation of Father’s budget, thereby leading the court to conclude that the children’s needs were greater than reasonably necessary?
C. Did the trial court abuse its discretion in failing to find that Mother’s budget for the children was excessive and unreasonable where it included (a) capital and nonrecurring expenses (including her legal fees); (b) projected, duplicative and aspirational expenditures; and
(c) household expenses that were not properly allocated among the members of Mother’s household?
D. Did the trial court abuse its discretion by awarding counsel fees to Mother both (a) as an element of Mother’s budget for the children in her household and (b) as an award of legal fees, where there was insufficient proof of the requisite elements for Mother’s legal fee claim?

Mother raises the following issues in her cross-appeal:
E. Whether the Trial Court abused its discretion in failing to Order [sic] that the increase in child support should be retroactive to 2003.
F. Whether the Trial Court abused its discretion in failing to award counsel fees to Mother pursuant to 23 Pa.C.S.A. §4351(a) under the circumstances.
G. Whether the Trial Court abused its discretion by failing to apply the law in the calculation of Father’s income and expenses.

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In sum, we affirm in part and reverse in part, and remand the case for a reconsideration of the children’s monthly reasonable expenses when in Mother’s care, in accordance with Bulgarelli, supra, and reconsideration of Mother’s claim for counsel fees pursuant to 23 Pa.C.S.A. § 4351, in a manner consistent with this memorandum.

Superior Court 5/12/08 - STACEY M. WIELAND v. RUSSELL WIELAND v. PRESLEY T. DILLON, JR.

STACEY M. WIELAND v. RUSSELL WIELAND v. PRESLEY T. DILLON, JR. APPEAL OF: PRESLEY T. DILLON, JR
No. 1381 WDA 2007 2008 PA Super 98 Atlantic: n/a Filed: 5/9/2008
Appeal from the Order July 2, 2007 In the Court of Common Pleas of Westmoreland County Domestic Relations at No. 2097 of DR 2006
Before: BENDER, BOWES and TAMILIA, JJ.
Opinion by: BENDER, J.
Presley T. Dillon, Jr., appeals from the July 2, 2007 order that dismissed his petition to intervene in the support action filed by Stacey M. Wieland (Mother) against Russell Wieland, Mother’s ex-husband, for the support of Presley Harry Dillon. The July 2, 2007 order also dismissed Russell Wieland’s preliminary objections to Mother’s support complaint. We affirm.

Superior Court 3/11/08 - LINDA J. FAUST v. MICHAEL WALKER - APPEAL OF: DOMESTIC RELATIONS OFFICE OF THE DAUPHIN COUNTY COURT OF COMMON PLEAS

LINDA J. FAUST v. MICHAEL WALKER APPEAL OF: DOMESTIC RELATIONS OFFICE OF THE DAUPHIN COUNTY COURT OF COMMON PLEAS
No. 1166 MDA 2007 2008 PA Super 38 Atlantic: n/a Filed: 3/11/2008
Appeal from the Order of June 4, 2007, in the Court of Common Pleas of Dauphin County, Domestic Relations Division at No. 1606 DR 1995
Before: ORIE MELVIN, ALLEN AND COLVILLE, JJ.
Opinion by: COLVILLE, J.
Appellant Domestic Relations Office of the Dauphin County Court of Common Pleas appeals from the trial court order which granted the motion of Appellee Michael Walker to strike the order of attachment of income in the amount of $5,000.00 and directed Appellant to prepare an order of attachment of income in the amount of $1,800.93. Appellant presents one issue for our review: whether the trial court abused its discretion by misapplying the law when it granted Appellant’s request to limit the attachment of income in contradiction to the specific language of 23 Pa.C.S.A. § 4308.1. We affirm the trial court’s order.

Superior Court - 3/5/2008 - SHEILA T. KREBS (NKA: SHEILA T. JOHNSON), Appellant at 1637 v. WILLIAM A. KREBS, III, Appellant at 1638

SHEILA T. KREBS (NKA: SHEILA T. JOHNSON), Appellant at 1637 v. WILLIAM A. KREBS, III, Appellant at 1638
No. 1637 & 1638 EDA 2007 2008 PA Super 29 Atlantic: n/a Filed: 3/5/2008
Appeal from the Order entered May 29, 2007 In the Court of Common Pleas of Chester County Domestic Relations, No. 1279N1997 PACSES No. 598001611
Before: KLEIN, GANTMAN, AND KELLY, JJ.
Opinion by: GANTMAN, J.
Appellant/Cross-Appellee, Sheila T. Krebs n/k/a Sheila T. Johnson (“Mother”) and Appellee/Cross-Appellant, William A Krebs, III (“Father”), appeal from the order entered in the Chester County Court of Common Pleas, which granted Mother’s 2006 petition to modify the parties’ existing child support order, upon finding that Father knowingly misrepresented substantial increases in his income from 2001 to 2005, applied Father’s support arrearages retroactively to 2004, and set a payment schedule for arrears of $590.00 per month.


"Mother asks us to determine whether the court erred in declining to order Father’s support arrearages retroactive to 2001 when Father began to conceal increases in his actual income. Father asks us to determine whether the evidence of record supported the court’s decision to impose retroactive child support payments beyond the date Mother filed the modification petition. We hold the trial court properly found compelling reasons warranted child support arrearages retroactive to a date prior to Mother’s support modification petition but erred in limiting that retroactivity only to May 21, 2004 rather than extending it to January 1, 2001, when Father first failed to report the substantial increases in his income."

Superior Court 1/3/2008 - JF v. DB

J.F. v. D.B.
No. 752 WDA 2007 2008 PA Super 2 Atlantic: n/a Filed: 1/3/2008
Appeal from the Order entered March 27, 2007, In the Court of Common Pleas of Erie County, Domestic Relations Division at No. NS 200601089
Before: MUSMANNO, LALLY-GREEN and ANTHONY?, JJ.
Opinion by: ANTHONY, J.
Concurring Statement by: LALLY-GREEN, J.
Appellant, J.F., appeals from the March 27, 2007 order entered in the Court of Common Pleas of Erie County denying his request for the reimbursement of child support payments made to Appellee, D.B., for the care of Appellant’s three minor sons. Upon review, we affirm. The relevant facts and procedural history follow.