Maurer, D. v. Curran, W.

• Court: Superior Court of Pennsylvania
• Decided: March 11, 2024
• Docket: 1426 EDA 2023
• Status: Unpublished

Opinion

J-A01002-24

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

DAWN D. MAURER : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : WALTER CURRAN, JR. : : Appellant : No. 1426 EDA 2023

Appeal from the Order Entered May 11, 2023 In the Court of Common Pleas of Bucks County Domestic Relations at No(s): 2021DR00468

BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and COLINS, J.*

JUDGMENT ORDER BY LAZARUS, P.J.: FILED MARCH 11, 2024

Walter Curran Jr. (Father) appeals from the order, entered in the Court

of Common Pleas of Bucks County Domestic Relations Section (DRS), holding

him in civil contempt for willful failure to pay $1,317.61 of unreimbursed

medical expenses, for his two children, as a part of child support. After review,

we affirm.

In light of our disposition, we provide only a truncated, relevant history

of the proceedings. On March 9, 2010, the parties entered into a marital

settlement agreement, and were divorced by decree on April 16, 2013. On

March 22, 2023, the trial court entered a modified support order. Eight days

after the entry of this order, the DRS filed a petition for contempt against

Father for failing to pay unreimbursed medical expenses in the amount of

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* Retired Senior Judge assigned to the Superior Court. J-A01002-24

$1,437.61. On May 11, 2023, the trial court conducted a contempt hearing,

after which the trial court found Father in contempt and ordered that Father

be remanded to the Bucks County Correctional Facility for six months.

Additionally, the trial court ordered that Father may purge his contempt by

paying the overdue unreimbursed medical expenses in the amount of

$1,317.61. Father paid immediately and purged himself of his contempt.

Father filed a timely notice of appeal. Both Father and the trial court

have complied with Pa.R.A.P. 1925.

Prior to addressing Father’s claims, we observe that the certified record

before this Court contains no transcripts. See Pa.R.A.P. 1911(d) (if appellant

fails to take action required by appellate rules and Pennsylvania Rules of

Judicial Administration for preparation of transcript, appellate court may take

such action as it deems appropriate); see also Smith v. Smith, 637 A.2d

622, 623 (Pa. Super. 1993) (“it is the responsibility of the [a]ppellant to supply

this Court with a complete record for purposes of review”) (emphasis in

original). “[A] failure by an [a]ppellant to [e]nsure that the original record

certified for appeal contains sufficient information to conduct a proper review

constitutes a waiver of the issue(s) sought to be examined.” Smith, 637 A.2d

at 623-24; see also Kessler v. Broder, 851 A.2d 944, 950 (Pa. Super. 2004)

(reiterating appellant’s responsibility to produce complete record for appeal);

see also Love-Diggs v. Tirath, 911 A.2d 539, 541 (Pa. Super. 2006) (finding

waiver of issue on appeal where appellant failed to include necessary

information for appellate review in certified record).

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Instantly, Father included a Request for Transcripts in his Notice of

Appeal, as required by Rule 1911(a). See Pa.R.A.P. 1911(a) (“appellant shall

request any transcript required under this chapter in the manner and make

any necessary payment or deposit therefor in the amount and within the time

prescribed by Rules 4001 et seq. of the Pennsylvania Rules of Judicial

Administration”). However, Father only requested the transcripts “for the

hearings held on March 8, 2013[,] and October 31, 2013.” See Notice of

Appeal and Request for Transcript, 6/5/23, at 1. As we noted supra, the

instant contempt proceedings originated in 2023. Moreover, no transcripts

appear in the certified record before this Court. Accordingly, we are

constrained to conclude that Father has waived his claims. See Smith,

supra; Love-Diggs, supra; Pa.R.A.P. 1911(d).

Order affirmed.

Date: 3/11/2024

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