Cersosimo, S. v. Raynes, E.

CourtSuperior Court of Pennsylvania
DecidedJune 6, 2025
Docket484 WDA 2024
StatusUnpublished

This text of Cersosimo, S. v. Raynes, E. (Cersosimo, S. v. Raynes, E.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cersosimo, S. v. Raynes, E., (Pa. Ct. App. 2025).

Opinion

J-A05032-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

SERENA JACLYN CERSOSIMO : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : ERIC MICHAEL RAYNES : No. 484 WDA 2024

Appeal from the Order Entered March 13, 2024 In the Court of Common Pleas of Allegheny County Family Court at No(s): FD-15-002099-001, PACSES: 641115940

BEFORE: MURRAY, J., KING, J., and FORD ELLIOTT, P.J.E.

MEMORANDUM BY FORD ELLIOTT, P.J.E.: FILED: June 6, 2025

Serena Jaclyn Cersosimo (“Mother”) appeals from the order that, inter

alia, assigned both Mother and appellee, Eric Michael Raynes (“Father”)1, an

earning capacity of $15.00 per hour and granted Father’s petition for

modification, setting his child support obligation at $0.00.2 On appeal, Mother ____________________________________________

 Retired Senior Judge assigned to the Superior Court.

1 Father is representing himself pro se.

2 The appealed-from order was not entered on the trial court’s docket at or

around the time it was dated, March 13, 2024. Correspondingly, this Court, on July 19, 2024, directed the court to enter the order on its docket. The trial court complied, filing the order on July 29, 2024. Nevertheless, the docket does not comply with Pennsylvania Rule of Civil Procedure 236(b) insofar as there is no “note in the docket” from “[t]he protonotary” establishing “notice” that the order had been entered. See Pa.R.Civ.P. 236(b). As none of the parties raise this procedural deviation as an issue, we maintain the order’s date in the appeal paragraph of this memorandum as the one provided in the (Footnote Continued Next Page) J-A05032-25

raises five issues, but principally contests the court’s ascertainment of Father’s

earning capacity. We affirm.

As summarized by the trial court:

Mother and Father are the parents of one minor child born in 2014. The [c]ourt first became involved with the family in 2015 following Mother’s and Father’s separation. Since that time, the parties have appeared before the [c]ourt on numerous occasions for equitable distribution, custody, name change[,] and support hearings and related motions and conciliations. Most recently, the parties appeared for a six-day custody trial beginning in July 2021 and ending in March 2022. On April 6, 2022[,] [the trial c]ourt issued a [f]inal [c]ustody [o]rder which granted the parties 50/50 custody of their child.

On May 6, 2022, Father filed a [p]etition for [m]odification of the existing support order due to the change in custody. A support conference was initially scheduled for September 13, 2022. However, Mother filed a [m]otion to [d]eem the [c]ase [c]omplex[,] which [the trial c]ourt granted. A [c]omplex [s]upport [h]earing was then scheduled for January 31, 2023[,] before Hearing Officer Chester Beattie. Both parties appeared for the hearing[,] and Mother was represented by counsel. On February 2, 2023, Hearing Officer Beattie entered a [r]ecommendation and [o]rder of [c]ourt assigning Mother an earning capacity of $15[.00] per hour with a monthly net income of $2,167 and Father a monthly net income of $4,117. Based on these figures, Hearing Officer Beattie set Father’s monthly child support obligation at $519.95 per month.

On February 20, 2023, Father filed exceptions to the February 2, 2023 [o]rder. Oral argument was scheduled for May 16, 2023. Both Father and Mother’s counsel attended oral argument, but the

____________________________________________

order’s text, March 13, 2024. But see Pa.R.A.P. 108(b) (establishing that “[t]he date of entry of an order in a matter subject to the Pennsylvania Rules of Civil Procedure shall be the date on which the clerk makes the notation in the docket that written notice of entry of the order has been given as required by Pa.R.Civ.P. 236(b)[]”).

-2- J-A05032-25

[c]ourt lacked a sufficient record on which to base a determination. As directed by a March 16, 2023 scheduling order, Father had attempted to order the transcript of the January 31, 2023 [c]omplex [s]upport [h]earing, but failed to follow up when he did not receive it. The [c]ourt continued the matter and directed Father to order the transcript, which he did.

On September 5, 2023, Father and Mother’s [c]ounsel again attended oral argument on Father’s exceptions. Following oral argument, the [c]ourt reviewed the transcript from the January 31, 2023 [c]omplex [s]upport [h]earing and found that while Father provided lengthy testimony regarding his income and expenses, the record was far less detailed with respect to Mother’s income and expenses. Accordingly, on October 6, 2023, the [c]ourt entered an [o]rder granting Father’s exceptions and interpreting them to collectively dispute the [h]earing [o]fficer’s calculation of the parties’ incomes. On October 31, 2023, the [c]ourt issued an [o]rder scheduling a supplemental support hearing for January 31, 2024.

The parties and Mother’s counsel appeared on January 31, 2024[,] via Microsoft Teams. However, the [c]ourt was unable to proceed with a full hearing due to the parties’ scheduling conflicts. The [c]ourt instead conducted a pre-hearing conference and rescheduled the matter for February 28, 2024. Both parties and Mother’s counsel again appeared via Microsoft Teams on February 28, 2024[,] for the supplemental hearing. The [c]ourt heard testimony from both Mother and Father, as well as Father’s primary care physician, and admitted several exhibits. On March 13, 2024, the [c]ourt issued an [o]rder granting Father’s [p]etition for [m]odification, retroactive to its May 6, 2022 filing date, assigned both parties an earning capacity of $15.00 per hour, and set Father’s child support obligation to $0.00. The [o]rder also directed the [d]omestic [r]elations [s]ection to issue an order regarding any arrears and/or overpayments.

Trial Court Opinion, 7/22/24, at 1-4 (footnote omitted).

Mother filed a timely appeal from the court’s omnibus support decision

and correspondingly filed a timely concise statement of errors complained of

on appeal. See Pa.R.A.P. 1925(b). On appeal, Mother presents five questions

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for review:

1. Did the trial court procedurally err by failing to abide by state and county local rules and support procedures pursuant to Pennsylvania Rule of Civil Procedure 1910.12, which obligates the trial court to hear arguments and enter a final order of court within sixty days of the filing date of exceptions to a hearing officer’s recommendation?

2. Did the trial court procedurally err by failing to abide by Pennsylvania Rule of Civil Procedure 1910.12(h), which obligates a court to enter a final order consistent with Rule 1910.27(e) within sixty days of the filing date of exceptions to a hearing officer’s recommendation?

3. Did the trial court err in granting Father’s exceptions and assigning him an earning capacity of $15.00 per hour despite Mother’s evidence proving Father receives monthly income far beyond $15.00 per hour in earnings?

4. Did the trial court err by calculating Father’s monthly child support obligation as $0.00 and finding the parties to earn equal incomes, despite Mother providing evidence before the hearing officer to support Father earning a higher income?

5. Did the trial court erroneously enter a final order of court on March 13, 2024, when it ordered Mother to repay Father any overpayment in child support, applying retroactively for twenty-two months?

Mother’s Brief, at viii.

In cases involving appeals from child support orders, we employ the

following standard of review:

When evaluating a support order, this Court may only reverse the trial court’s determination where the order cannot be sustained on any valid ground.

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Related

Spahr v. Spahr
869 A.2d 548 (Superior Court of Pennsylvania, 2005)
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Cite This Page — Counsel Stack

Bluebook (online)
Cersosimo, S. v. Raynes, E., Counsel Stack Legal Research, https://law.counselstack.com/opinion/cersosimo-s-v-raynes-e-pasuperct-2025.