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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SUSAN SMEDLEY v. LYNN M. LOWMAN

SUSAN SMEDLEY v. LYNN M. LOWMAN No. 1620 MDA 2009 2010 PA Super 136 Atlantic: n/a Filed: 7/30/2010
	Appeal from the Order entered August 18, 2009 In the Court of Common Pleas of Franklin County Domestic Relations No. 2005-00566
Before: STEVENS, DONOHUE and KELLY, JJ.
Opinion by: KELLY, J.
Appellant, Lynn M. Lowman, appeals from the order entered August 18, 2009 in the Court of Common Pleas of Franklin County denying his request for relief. We hold that the trial court did not abuse its discretion by assigning Appellant an earning capacity greater than his pension for child support purposes, where he voluntarily retired two years after accumulating his fully vested pension benefits in good health at age fifty-two. We affirm.

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MICHELLE RENNIE v. LEONARD D. ROSENTHOL

MICHELLE RENNIE v. LEONARD D. ROSENTHOL No. 1585 EDA 2009 2010 PA Super 88 Atlantic: n/a Filed: 5/17/2010
	Appeal from the Order Entered April 9, 2009, in the Court of Common Pleas of Philadelphia County Domestic Relations at No. 009807111
Before: MUSMANNO, KELLY, JJ., and McEWEN, P.J.E.
Opinion by: MUSMANNO, J.
Michelle Rennie (“Mother”), appeals from the Order entered in the Philadelphia County Court of Common Pleas on April 9, 2009, exercising jurisdiction in a custody matter with Leonard D. Rosenthal (“Father”), regarding the parties’ adopted daughter (“Child”). We affirm.

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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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IN THE INTEREST OF J.G., A MINOR Appeal of: CHESTER COUNTY DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES No. 585 EDA 2008 2009 PA Super 217 Atlantic:

IN THE INTEREST OF J.G., A MINOR Appeal of: CHESTER COUNTY DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES No. 585 EDA 2008 2009 PA Super 217 Atlantic: n/a Filed: 11/13/2009
	Appeal from the Order Entered January 2, 2008, In the Court of Common Pleas, Chester County, Domestic Relations, Juvenile No. 55CS07
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN AND ALLEN, JJ.
Opinion by: ALLEN, J.
The Chester County Department of Children Youth and Families (“CYF”) appeals from the trial court’s order denying the motion of the guardian ad litem to reject the recommendation of the hearing master or, alternatively, to conduct a rehearing. Finding that CYF was the prevailing party in the proceedings below, we dismiss the appeal under Pa.R.A.P. 501 because CYF was not aggrieved by the trial court’s order.

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TIJEN HARCAR v. DOGAN TALHA HARCAR

TIJEN HARCAR v. DOGAN TALHA HARCAR No. 1851 WDA 2008 2009 PA Super 203 Atlantic: n/a Filed: 10/21/2009
	Appeal from the Order Entered October 9, 2008, Court of Common Pleas, Beaver County, Domestic Relations Division, at No. 10639 of 2006.
Before: MUSMANNO, DONOHUE and SHOGAN, JJ.
Opinion by: SHOGAN, J.
Appellant, Dogan Talha Harcar (“Father”), appeals from the order dated October 7, 2008, and entered October 9, 2008, finding Appellee, Tijen Harcar (“Mother”), in contempt of the trial court’s orders entered on June 2, 2006 and September 5, 2006 by remaining in the Republic of Turkey with the parties’ son, Taha Murat Harcar (“Child”). The trial court declined to impose any sanctions on Mother. The trial court also ruled that Beaver County was an inconvenient forum under 23 Pa.C.S.A. § 5427, and directed that any further child custody proceedings should be instituted in the Republic of Turkey. After careful review, we affirm to the extent that the trial court held Mother in contempt. To the extent that it refused to impose any sanction, we reverse and remand. To the extent that the trial court declined to exercise jurisdiction in the future, we vacate.

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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 - 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 - DAVID T. YATES v. JACKIE YATES

DAVID T. YATES v. JACKIE YATES No. 696 EDA 2007 2008 PA Super 296 Atlantic: 963 A.2d 535 Filed: 12/31/2008
	Appeal from the Order Entered February 15, 2007, in the Court of Common Pleas of Bucks County, Domestic Relations Division, at No. A06-02-63378-C.
Before: BOWES and PANELLA, JJ. and McEWEN, P.J.E.
Opinion by: BOWES, J.
David Yates (“Father”) appeals from the custody order entered on February 15, 2007, wherein the trial court granted shared legal custody of Ashley Yates to Father and Jackie Yates (“Mother”), awarded Father primary physical custody, and appointed a parenting coordinator to help the parties implement the custody order. We affirm in part, vacate in part, and remand with instructions.

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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 - PATRICIA BUCHHALTER v. STEVEN BUCHHALTER

PATRICIA BUCHHALTER v. STEVEN BUCHHALTER No. 3021 EDA 2007 2008 PA Super 255 Atlantic: 959 A.2d 1260 Filed: 10/27/2008
	Appeal from the Order Entered October 22, 2007 In the Court of Common Pleas of Philadelphia County Domestic Relations at No. 0709V7242
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Patricia Buchhalter appeals from the order entered on October 22, 2007, that vacated a temporary protection from abuse (PFA) order and dismissed her petition seeking a PFA order against her ex-husband, Steven Buchhalter. We vacate and remand.

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Superior Court - TONI J. STAUB v. BRIAN L. STAUB

TONI J. STAUB v. BRIAN L. STAUB No. 1636 MDA 2007 2008 PA Super 251 Atlantic: 960 A.2d 848 Filed: 10/21/2008
	Appeal from the Order Entered August 24, 2007, Court of Common Pleas, York County, Domestic Relations Division, at No. 2006-CU-2123-Y03.
Before: LALLY-GREEN, SHOGAN and COLVILLE*, JJ.
Opinion by: SHOGAN, J.
Appellant (“Father”), Brian L. Staub, appeals from the order denying his petition for special relief brought pursuant to Pa.R.C.P. 1915.13. Therein, Father requested that the trial court prevent continued home schooling of the parties’ minor children by Appellee (“Mother”), Toni J. Staub. On appeal, Father asks us, inter alia, to adopt a clear but narrow rule that requires children to attend public schools when parents who share legal custody cannot agree on home schooling versus public schooling. We decline to adopt such a rule or presumption. To the contrary, we hold that the well-established best interests standard, applied on a case by case basis, governs a court’s decision regarding public schooling versus home schooling. Utilizing this standard, we affirm the trial court’s order.

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Superior Court - JENNIFER A. ELLISON v. DAMOUN M. LOPEZ

JENNIFER A. ELLISON v. DAMOUN M. LOPEZ No. 3379 EDA 2007 2008 PA Super 242 Atlantic: 959 A.2d 395 Filed: 10/15/2008
	Appeal from the Order entered November 14, 2007 In the Court of Common Pleas of Philadelphia County, Domestic Relations, No. 04-12199, Pacses No. 564106698
Before: LALLY-GREEN, KLEIN and GANTMAN, JJ.
Opinion by: KLEIN, J.
Damoun M. Lopez appeals from the decision of the trial court refusing to set aside a prior order of paternity. We affirm.

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