Jacobs v. Jacobs

884 A.2d 301
CourtSuperior Court of Pennsylvania
DecidedSeptember 20, 2005
StatusPublished
Cited by19 cases

This text of 884 A.2d 301 (Jacobs v. Jacobs) 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
Jacobs v. Jacobs, 884 A.2d 301 (Pa. Ct. App. 2005).

Opinion

OPINION BY

DEL SOLE, P.J.:

¶ 1 John J. Jacobs (“Husband”) appeals two orders of court dated September 15, 2004, adopting the report and recommendations of the special master in divorce and an order dated March 24, 2000, imposing a sanction upon Husband for discovery violations. Rose Marie Jacobs cross-appeals, raising issues related to the resolution of her support and counsel fee claims. We affirm.

¶2 Husband and Rose Marie Jacobs (“Wife”) were married in 1974 and separated in 1998. Their only child was born in 1989. Husband filed for divorce, and Wife subsequently sought child and spousal support. As the parties moved toward the entry of a divorce decree, a special master *304 was appointed to make recommendations with regard to equitable distribution of the marital estate. A long, torturous history of proceedings ensued, complicated, in large part, by large sums of money given to Husband by his uncle (“Uncle”). In an effort to determine exactly how much money Husband had received, Wife engaged in discovery processes. Husband repeatedly refused to cooperate, and as a result, the equitable distribution proceedings were unable to progress.

¶ 8 In an effort to move the proceedings along, Wife sought to compel Husband into compliance with a Motion for Sanctions. On March 24, 2000, after Husband and Husband’s counsel failed to appear at the presentation of the Motion, the trial court entered an order characterizing the contents of certain bank accounts as gifts from Uncle to Husband, determining how much Husband will inherit from Uncle and how much he will receive in life insurance proceeds upon Uncle’s death, and assigning values to business interests held by Husband with Uncle. The total of these amount exceeded seven million dollars. The order also provided that Husband pay Wife’s attorneys’ fees, costs and expenses related to the discovery process from June 30, 1999, through the date of the Motion for Sanction, March 9, 2000.

¶ 4 A master’s hearing was eventually held, at which time Husband renewed his refusal to procure the financial documents Wife had requested. The master employed the figures established by trial court in its March 24, 2000, order, and filed a report and recommendations. Both parties filed exceptions. The trial court denied Husband’s exceptions and granted Wife’s exceptions in part, which resulted in the matter being remanded to the master in order to supplement the report. The master filed her supplemental report, and both parties filed -exceptions to that as well. The trial court then entered its ruling, dismissing Husband’s exceptions and denying Wife’s exceptions. Final orders on the economic claims were then entered, and Husband pursued this appeal. He presents the following questions for our review:

Was it an abuse of discretion to enter sanctions against [Husband] where said sanctions were not based on actual data and the amounts set forth in the sanctions order grossly overstate Husband’s assets and income?
Was it an abuse of discretion to continue to use the amounts set forth in the sanctions order where the record clearly indicates that the amounts were grossly overstated?
Was it an abuse of discretion for the master to use the internet to gather information regarding assets of the case but not to determine the value of stocks after an almost two year delay from hearings to decision during which time September 11, 2001 occurred?

Should Husband’s appeal be quashed? Brief for Appellant at 7.

¶ 5 Wife cross-appealed, raising the following issues:

The trial court erred in the application of the Supreme Court case of Humphreys v. DeRoss, [567 Pa. 614,] 790 A.2d 281 (Pa.2002) since the March 24, 2000 Order of Court specifically found that [Husband] received interest from property from his uncle as gifts and such gifts are clearly not inheritance. The trial court erred in not properly determining [Husband’s] income for support purposes in contravention of the statutory definition of income and appellate case law interpretation of income since under existing law, all of the sources of funds received by [Husband] per the March 24, 2000 Order must be included as income attributable to him *305 for purposes of determining his support obligation.
The trial court erred in not directing [Husband] to pay all or the majority of the counsel fees, costs and expenses (including paralegal fees, which are a legitimate expense) [Wife] incurred to litigate the matter, especially when she was forced to borrow funds from her parents to fund such expenses.

Brief for Appellee at 4-5.

¶ 6 Before addressing the merits of this appeal, we must address Wife’s motions to quash. Wife asks this Court to quash Husband’s appeal for failure to follow proper procedure in perfecting this appeal in the court below, for improperly raising claims on appeal, and for failure to adhere to the Pennsylvania Rules of Appellate Procedure, which failure she alleges caused her undue hardship and prejudice in preparing her position in this matter. We understand Wife’s position, but we decline to grant the relief she seeks.

¶ 7 “This Court has held that the rules of appellate procedure are ‘mandatory, not directing’ and it is within our discretion to dismiss an appeal when the rules of appellate procedure are violated. However, if the failure to comply with the rules of appellate procedure does not impede review of the issues or prejudice the parties, we will address the merits of the appeal.” White v. Owens-Corning Fiberglas Corp. 447 Pa.Super. 5, 668 A.2d 136, 141 (1995) (internal citations omitted). We find this to be the case here. In response to Wife’s allegations of prejudice, we commend her skillful work, which has produced a comprehensive brief that allows us to review all of the issues. Thus, although Husband has failed to strictly abide by the rules of appellate procedure, we also deny Wife’s other two motions to quash. We note that Husband’s failure to properly perfect his appeal by complying with the York County rule which requires that a notice of appeal be filed not only with the Prothonotary but also with the Domestic Relations Office does not merit quashal. An appeal is perfected upon the timely filing in the Protho-notary’s office and payment of the applicable fees, Pa.R.A.P. 905; the failure of an appealing party to take any other step will not affect the validity of the appeal. Pa. R.A.P. 902.

¶ 8 That said, we move to the merits of this appeal and find that Husband’s first issue lacks merit. The decision whether to sanction a party for the failure to comply with a discovery order, and the degree of that sanction, are within the discretion of the trial court. Philadelphia Contributionship Ins. Co. v. Shapiro, 798 A.2d 781 (Pa.Super.2002). This Court will disturb such a sanction only where the trial court has abused its discretion. Id.

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Bluebook (online)
884 A.2d 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobs-v-jacobs-pasuperct-2005.