Lisser, M. v. Polis, R.

CourtSuperior Court of Pennsylvania
DecidedOctober 7, 2016
Docket1976 EDA 2015
StatusUnpublished

This text of Lisser, M. v. Polis, R. (Lisser, M. v. Polis, R.) 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
Lisser, M. v. Polis, R., (Pa. Ct. App. 2016).

Opinion

J-A12026-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

MIRIAM LISSER POLIS IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

ROBERT POLIS

Appellant No. 1976 EDA 2015

Appeal from the Order Entered May 29, 2015 In the Court of Common Pleas of Montgomery County Civil Division at No(s): 1992-22326

BEFORE: BENDER, P.J.E., PANELLA, J., and STEVENS, P.J.E.

MEMORANDUM BY PANELLA, J. FILED OCTOBER 07, 2016

Appellant, Robert Polis (“Father”), appeals from the order entered in

the Montgomery County Court of Common Pleas, granting Miriam Lisser Polis

(“Mother”) certain expenses owed, ordering Father to purchase and maintain

a life insurance policy, which will cover his remaining alimony arrearages

pursuant to the parties’ 1992 Property Settlement Agreement (“PSA”), and

finding Father not in contempt of the PSA. We affirm.

The trial court opinion sets forth the relevant facts and procedural

history of this case; therefore, we see no reason to restate them. See Trial

Court Opinion, filed October 28, 2015, at 1-5.1

____________________________________________

 Former Justice specially assigned to the Superior Court. 1 We note a few errors in this trial court opinion that we correct here: the order from which Father appealed was filed on May 29, 2015; the parties’ (Footnote Continued Next Page) J-A12026-16

Father raises the following issues for our review:

DID THE HONORABLE LOWER COURT ERR IN FAILING TO APPLY THE [FOUR]-YEAR CONTRACT STATUTE OF LIMITATIONS TO [MOTHER’S] PETITION AND, THEREFORE, DISMISS [THE] SAME?

DID THE HONORABLE COURT ERR IN REFUSING TO CONSIDER THE TESTIMONY OF [FATHER] AS INADMISSIBLE HEARSAY THAT THE $600,000.00 FIGURE STIPULATED BEFORE THE HONORABLE BERNARD MOORE ON MAY 6, 2002, INCLUDED ALL [OF MOTHER’S] CLAIMS TO DATE[?]

DID THE HONORABLE COURT ERR IN REFUSING TO FIND THAT THE $600,000.00 ARREARS STIPULATED BEFORE THE HONORABLE BERNARD MOORE ON MAY 6, 2002, INCLUDED ALL [OF MOTHER’S] CLAIMS TO THAT DATE WERE THE COURT RECORDS SHOWED A LOWER FIGURE ABOUT [TWO] YEARS PRIOR TO THAT DATE[?]

DID THE HONORABLE LOWER COURT ERR IN REFUSING TO FIND THAT THE $600,00.00 ARREAR STIPULATED BEFORE THE HONORABLE BERNARD MOORE ON MAY 6, 2002, INCLUDED ALL [OF MOTHER’S] CLAIMS TO THAT DATE WHEN [MOTHER’S] PETITION STATED ARREARS (NON-CONTRACT) WERE $550,000.00 AND ALL HER CONTRACT CLAIMS TO MAY 6, 2002, WERE RAISED IN HER PETITION?

Father’s Brief, at 12.

On appeal from an order interpreting a marital settlement agreement,

we must decide whether the trial court committed an error of law or abused

its discretion. See Tuthill v. Tuthill, 763 A.2d 417, 419 (Pa. Super. 2000)

(en banc). “We do not usurp the trial court’s fact-finding function.” Id.

(citation omitted).

_______________________ (Footnote Continued)

divorce decree was filed on June 21, 1994; and the court’s memorandum opinion and order were filed on December 22, 2014.

-2- J-A12026-16

“[J]udicial discretion” requires action in conformity with law on facts and circumstances before the trial court after hearing and due consideration. Such discretion is not absolute, but must constitute the exercises of sound discretion. This is especially so where, as here, there is law to apply. On appeal, a trial court's decision will generally not be reversed unless there appears to have been an abuse of discretion or a fundamental error in applying correct principles of law. An “abuse of discretion” or failure to exercise sound discretion is not merely an error of judgment. But if, in reaching a conclusion, law is overridden or misapplied, or the judgment exercised is manifestly unreasonable or lacking in reason, discretion must be held to have been abused.

In re Deed of Trust of Rose Hill Cemetery Ass'n Dated Jan. 14, 1960,

590 A.2d 1, 3 (Pa. 1991) (internal citations omitted). “Because contract

interpretation is a question of law, this Court is not bound by the trial court’s

interpretation.” Stamerro v. Stamerro, 889 A.2d 1251, 1257 (Pa. Super.

2005) (citation omitted).

Additionally, our standard of review concerning challenges to the

admissibility of evidence is as follows:

Questions concerning the admissibility of evidence lie within the sound discretion of the trial court, and a reviewing court will not reverse the trial court’s decision absent a clear abuse of discretion. Abuse of discretion is not merely an error of judgment, but rather where the judgment is manifestly unreasonable or where the law is not applied or where the record shows that the action is a result of partiality, prejudice, bias or ill will.

Commonwealth v. Young, 989 A.2d 920, 924 (Pa. Super. 2010) (internal

citations omitted). Hearsay is defined as “a statement that (1) the declarant

does not make while testifying at the current trial or hearing; and (2) a

party offers in evidence to prove the truth of the matter asserted in the

-3- J-A12026-16

statement.” Pa.R.E. 801(c). Hearsay evidence is inadmissible unless an

exception to the rule against hearsay applies. See Pa.R.E. 802. This Court

has held that it is within a lower court’s discretion to preclude hearsay

testimony sua sponte, even when the opposing party had failed to object to

it. See In re R.T., 778 A.2d 670, 683 (Pa. Super. 2001).

After a thorough review of the record, the briefs of the parties, the

applicable law, and the well-reasoned opinions of the Honorable Gail

Weilheimer, we conclude Father’s issues on appeal merit no relief. The trial

court comprehensively discusses and properly disposes of the issues

presented on appeal. See Trial Court Opinion, filed October 28, 2015, at 8-

10; Trial Court Opinion, filed December 22, 2014, at 2-5.2 We affirm based

on those two decisions.

Order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 10/7/2016

2 We also note a couple of errors in this trial court opinion that we correct here: the master report was dated May 9, 2014; and the court’s order deferring action on Mother’s counter petition was filed on July 31, 2001.

-4- Circulated 09/28/2016 10:15 AM

IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUN1Y, PENNSYLVANIA CIVIL ACTION- LAW

MIRIAM LISSER POLIS NO. 1992-22326 . .. vs. PACSES NO. 831001804

ROBERT BRUCE POLIS

MEMORANDUM OPINIONAND ORDER

The filings presently before the Court are . as._follow;: Robert Bruce Polis's ("Father's;') ...

Petition to Correct Court Records filed November 22, 2013 ("Petition to Correct") with the

Montgomery County Domestic Relations Office ("DRO"), Miriam Lesser Polis's ("Mother's")

Petition for Contempt and Enforcement of the Parties' Property Settlement Agreement filed May

4, 2014 ("Mothe,r's Contempt Petition"), Mother's Support Exceptions filed May 23, 2014 . - .... ("Mother's Support Exceptions") and Father's Support Exceptions filed May 28, 2014 ("Father's

Support Exceptions"). ,: _;·,,, . .

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