Mayer v. Garman

912 A.2d 762, 590 Pa. 268, 2006 Pa. LEXIS 1438
CourtSupreme Court of Pennsylvania
DecidedAugust 4, 2006
Docket84 EM 2006
StatusPublished
Cited by8 cases

This text of 912 A.2d 762 (Mayer v. Garman) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mayer v. Garman, 912 A.2d 762, 590 Pa. 268, 2006 Pa. LEXIS 1438 (Pa. 2006).

Opinions

OPINION

PER CURIAM.

This emergency application was filed pursuant to Rule of Appellate Procedure 3309, Sections 502 and 726 of the Judicial Code, and this Court’s inherent King’s Bench supervisory power over inferior tribunals. In the application, Petitioner Waverly Deans requests that this Court assume plenary jurisdiction and stay litigation currently pending in the Family Court Division of the Court of Common Pleas of Philadelphia County, at December Term, 1996, No. 8486; review several orders of the common pleas court entered in the course of such litigation; and issue a writ of prohibition preventing that court from purporting to exercise personal jurisdiction over her.1

The underlying dispute consists of ongoing divorce, support, and equitable distribution litigation that has continued in the common pleas court for approximately ten years. During recent proceedings in that matter, the trial court questioned [271]*271whether Husband Ray F. Garman, III, has an interest in certain financial assets owned, at least nominally, by Petitioner, who is Husband’s paramour and who has at all relevant times lived in Hong Kong.2 In order to explore the ownership issue, the common pleas court requested Wife Mia E. Mayer to serve interrogatories upon Petitioner in order to “trace” the ownership of the assets in question. Accordingly, the court entered an order dated February 6, 2006, sua sponte joining Petitioner as an indispensable third party, imposing a freeze on certain of her assets, and indicating that there would be no stay pending any appeal of such order. No original process, however, was ever served upon Petitioner, nor did the court order that such process be served.

On March 1, 2006, Petitioner timely appealed the joinder order to the Superior Court. Notably, however, the trial court did not certify the order under Rule of Appellate Procedure 311 as interlocutory.3 Subsequently, the Superior Court remanded the matter for a Rule 1925(a) opinion, while retaining jurisdiction.

On May 18, 2006, the trial court issued its opinion in support of the February 6th order, stating that its basis for joining Petitioner was that her name had been “frequently mentioned” during testimony as a joint owner on certain bank accounts, as a “transferee of ownership of various corporate entities,” and as an individual who was actively involved in Husband’s life and finances. Trial Court op. at 5. The court did not cite to any procedural rule which would permit it to join Petitioner as a party on its own motion, and without service of process. In fact, the court acknowledged that the [272]*272manner in which it sua sponte joined Petitioner “may have” violated her due process rights and that it otherwise had disregarded ordinary procedure. However, the court repeatedly suggested that its actions were justified in furtherance of some higher aim. See id. at 13-14; see also id. at 3 (stating that the court’s overarching mandate is to “effectuate[] economic justice” (quoting 23 Pa.C.S. § 3102(a)(6))). The court ultimately suggested that the due process -issue could be litigated at a later date as a means of determining asset ownership:

The issue of “sua sponte joinder” still has not been directly addressed. As noted earlier, “the law of Domestic Relations is different” (supra. Pg.2). In most civil and criminal actions, counsel usually file Petitions to Join Parties. Here, the record reflects, no one did file.
Query: Could the Court “effectuate economic justice” in this case without its sua sponte joinder? No! Clearly, No! Decisive action is and was required and this Court acted. Was such action reversible error or harmless error? Harmless error, indeed, because Ms. Deans can still present evidence to this Court as to why she should not be joined as a party (absent the appeal and if Remanded.) If this were accomplished, this Court and counsel, upon Remand, could litigate the ultimate question ... Who owns the asset?

Trial Court op. at 14-15 (emphasis and ellipsis in original).

Although the court expressed a willingness to allow the parties to litigate the due process issue, it not only denied Petitioner’s request for a protective order, but also required disclosure of documents and information concerning any payments that Petitioner had made to her own counsel for his services. When Petitioner failed to comply, the trial court entered a rule to show cause why Petitioner and her counsel should not be held in contempt on June 23, 2006, returnable June 30, 2006.

On June 28, 2006, Petitioner filed the present application, requesting the relief stated above, and averring that she had not received notice of the rule until that day. By per curiam [273]*273order dated June 30, 2006, this Court stayed any further actions by the trial court against Petitioner or her counsel and directed Respondents to file responsive pleadings on or before July 7, 2006. Husband’s counsel thereafter submitted a letter stating that Husband lacks the financial means to formally respond to the present Application, as he is a debtor in bankruptcy proceedings pending in federal court. The letter stated that Husband — who was incarcerated in August 2005 after having been found in civil contempt for failure to pay ordered support, and remains incarcerated with a purge factor of $3,000,000 — opposes the Application and “desires full disclosure of any information that will enable [Wife] and the trial court to understand that he simply does not have the present financial ability to comply with the present Orders that exist against him.” Reply Letter of July 7, 2006. Wife filed a substantive response rehearsing at length the history of the underling litigation and arguing that Petitioner waived any objection to personal jurisdiction by attending one or more court proceedings and entering into an “agreed order” to sell her interest in the assets frozen by the court with the proceeds to be paid over into an escrow account. Wife maintains that the central issue raised by the present Application is limited to whether Petitioner consented to the trial court’s authority to determine the ownership and distribution of such proceeds, and thereby waived any objection to in personam jurisdiction. See Answer of Respondent (Wife) at 10.

The issues of the court’s personal jurisdiction over Petitioner and authority to determine asset ownership and distribution stem from the more central question raised by this Application, namely, whether the trial court acted ultra vires in purporting to sua sponte join Petitioner as an additional defendant to the litigation without service of process. Ordinarily, when an additional defendant is joined in civil litigation, the party seeking joinder must comply with Rules of Civil Procedure 2251-2255, which require the filing of a praecipe for a writ or a complaint, see Pa.R.C.P. 2252(b), and specify that “[t]he procedure, including pleadings, between the party joining an additional defendant and the additional defen[274]*274dant shall be the same as though the party joining the additional defendant were a plaintiff and the additional defendant were a defendant.” Pa.R.C.P. 2255(a); see also Pa. R.C.P. 2231(d) (providing that “the joinder of parties in any action shall not affect the procedural rights which each party would have if suing or sued separately”).

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Mayer v. Garman
912 A.2d 762 (Supreme Court of Pennsylvania, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
912 A.2d 762, 590 Pa. 268, 2006 Pa. LEXIS 1438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayer-v-garman-pa-2006.