Goodstein v. Goodstein

11 Pa. D. & C.4th 294, 1991 Pa. Dist. & Cnty. Dec. LEXIS 211
CourtPennsylvania Court of Common Pleas, Delaware County
DecidedJuly 18, 1991
Docketno. 87-14794
StatusPublished
Cited by1 cases

This text of 11 Pa. D. & C.4th 294 (Goodstein v. Goodstein) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Delaware County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodstein v. Goodstein, 11 Pa. D. & C.4th 294, 1991 Pa. Dist. & Cnty. Dec. LEXIS 211 (Pa. Super. Ct. 1991).

Opinion

WRIGHT, S.J.,

Malka C. Good-stein and Martin E. Goodstein were divorced in the State of Connecticut in January 1983. The divorce decree provided for unallocated alimony and support in the sum of $200 per week for Mrs. Goodstein and their child. In addition, Mr. Goodstein was ordered to pay past due mortgage payments, existing liens, taxes, counsel fees and other amounts.

On January 25, 1985, the Connecticut Superior Court entered judgment against the appellant in the amount of $42,966.79 for arrearages on the January 20, 1983 decree. Mrs. Goodstein subsequently transferred this judgment to the Commonwealth of Pennsylvania, pursuant to the provisions of the Uniform Enforcement of Foreign Judgments Act, 42 Pa.C.S. §4306.

On February 11, 1988, Mrs. Goodstein filed a praecipe for writ of execution naming as garnishee [296]*296the appellant’s employer, Rosenfelt, Siegel & Goldberg, an accounting firm.1 The attachment was served on the garnishee on March 2, 1988, but no part of defendant’s wages were actually withheld until October 1988.

Once the garnishee belatedly started attaching wages, defendant filed preliminary objections to the writ, which this court denied. Appeal was taken in the Superior Court (no. 2539 Philadelphia, 1988), and the Superior Court modified the garnishment. There were a series of three orders issued by the Superior Court modifying the garnishment. They were as follows:

“And now, October 4, 1988, appellant’s application for supersedeas is granted to the extent that the garnishment shall not exceed a sum equal to 50 percent of the net compensation paid to appellant.”

The second order stated:

“And now, January 12, 1989, upon consideration of appellant’s emergency application for clarification of this court’s order of October 4, 1988, the order of October 4, 1988 is clarified as follows: 50 percent of appellant’s net disposable income shall continue to be escrowed by the garnishee and 50 percent of appellant’s net disposable income shall be released to appellant.”

Finally, the Superior Court éntered a third order stating:

“And now, February 9, 1989, after review of the entire record and the presentation of argument by the parties, it is hereby ordered:

“That the garnishee, Rosenfelt, Siegel & Goldberg, is directed to withhold from the earnings of [297]*297appellant the greater of the sum of $1,300 per month, or a sum equivalent to 50 percent of his net earnings;

“That the garnishee is directed to hold such sums, as will be withheld pursuant to this order, as well as such sums as have already been withheld from the compensation of appellant, in escrow pending the final resolution of the litigation of which this appeal is a part; and

“That the prothonotary of the Superior Court is directed to set an expedited schedule for the submission of briefs and the presentation of oral argument.”

The last order did not establish what Mr. Good-stein’s “net income” was, and defendant, in a rather blatant attempt to. reduce his net income, increased his withholding. Plaintiff made an application to this court for determination of what the proper withholding was, and on March 19, 1989, this court held that it had the authority to preserve the status quo pendente lite pursuant to Pa.R.A.P. 1701(b)(1), and held that the proper withholding for the purposes of calculating net income under the Superior Court’s order of February 9, 1989, was the withholding which defendant had' prior to the appeal to the Superior Court.

On August 30, 1989, the Superior Court sustained the.wage attachment insofar as it allowed garnishment of wages for amount due for arrearages on alimony and support. The Superior Court remanded the case to this court, however, for determination as to whether the Connecticut judgment also represented amounts for obligations other than alimony and support since wage garnishment would not be allowed in Pennsylvania for collection of such other obligations.

[298]*298Upon remand, this court entered an order on October 20, 1989, subsequently amended on November 6, 1989, holding $42,966.79 to be amount of support and alimony represented by the out-of-state judgment, and allowing that amount to be enforced by wage attachment.

In the interim, plaintiff issued a second writ of execution naming Rosenfelt, Siegel & Goldberg, P.C. as garnishee (hereinafter corporate garnishee). Subsequently, plaintiff entered a default judgment for an unliquidated amount against the corporate garnishee as required by the Pennsylvania Rules of Civil Procedure when the corporate garnishee had failed to make timely answers to the interrogatories in attachment.2 A hearing was then held to determine the amount of the judgment to be entered against the garnishee. Subsequent to that hearing, this court entered an order as follows:

“And now, May 7, 1991, judgment having been entered against the garnishee, Rosenfelt, Siegel & Goldberg, and a hearing having been held for assessment of damages against the garnishee, it is hereby ordered, adjudged and decreed that judgment is entered against the garnishee, Rosenfelt, Siegel & Goldberg, and in favor of plaintiff in the sum of $15,327.63, together with interest from the date of entry of the default judgment and the costs of this garnishment.”

It is from that order that plaintiff has appealed, and it is that appeal which necessitates the writing of this opinion.

In response to an order to provide a concise statement of matters complained of upon appeal, plaintiff made a statement of 11 exceptions to our ruling, as required by Rule 1925 of the Pennsylvania [299]*299Rules of Appellate Procedure. At the threshold, we have to address the ninth matter complained of because plaintiff is correct. The exception was that judgment was entered against Rosenfelt, Siegel & Goldberg when it should have been entered against the corporate garnishee, Rosenfelt, Siegel & Goldberg, P.C. This was a clerical error with very unfortunate results.

This court has considered what authority it has' to change this order after an appeal has been filed, and we conclude that we do have the authority to correct our error. Rule 1701 of the Pennsylvania Rules of Appellate Procedure states that the trial court may no longer proceed after an appeal has been taken but provides certain exceptions. Included in those exceptions is the authority to “correct formal errors in papers relating to the matter.” This court obviously loses the right to make substantive changes in an order after an appeal has been taken. Renk v. Cordice, 286 Pa. Super. 512, 429 A.2d 639 (1981); Marlowe v. Zoning Hearing Board, 52 Pa. Commw. 224, 415 A.2d 946 (1980).

This court has considered the effect of a new order and believes that although it may have a substantive, effect, it is within the provision of Rule 1701 which allows formal corrections to papers. This new order will not affect any of plaintiff’s substantive rights except that the determination which we intended to make, which was a determination of the amount owed by the defaulting corporate garnishee, will now have been made.

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Related

Goodstein v. Goodstein
619 A.2d 703 (Superior Court of Pennsylvania, 1992)

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Bluebook (online)
11 Pa. D. & C.4th 294, 1991 Pa. Dist. & Cnty. Dec. LEXIS 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodstein-v-goodstein-pactcompldelawa-1991.