Schader v. Schader

40 Pa. D. & C.5th 45
CourtPennsylvania Court of Common Pleas, Delaware County
DecidedAugust 6, 2014
DocketNo. 2011-01137; 1645 EDA 2014
StatusPublished

This text of 40 Pa. D. & C.5th 45 (Schader v. Schader) 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
Schader v. Schader, 40 Pa. D. & C.5th 45 (Pa. Super. Ct. 2014).

Opinion

DOZOR, J.,

NATURE AND HISTORY OF THE CASE:

This appeal is a direct appeal from this court’s final order of support entered on April 30, 2014.

This court notes that on April 10, 2014, this court held [47]*47a de novo hearing and considered during that hearing the following filings: a petition for contempt for failure to pay spousal support (filed by DRO), appellee’s support appeal of master’s September 4, 2013 order, appellee’s answer filed on January 14, 2014, appellant’s self represented petition for emergency relief requesting a support contempt hearing filed on March 18, 2014, appellee’s answer to appellant’s petition for emergency relief filed on March 19, 2014.

After considering all of the evidence presented on April 10,2014 and a review of all the documents filed and received by the court, this court recalculated the support guidelines and issued a final support order on April 30, 2014.

Appellant filed a motion for reconsideration of the final support order on May 14, 2014; this motion for reconsideration raises the same issues raised in this appeal. On May 16, 2014, appellant filed an amended petition for reconsideration of this court’s final support order dated April 30, 2014. This amended petition for reconsideration was filed simply because the initial motion for reconsideration was filed under the divorce/ equitable distribution docket number and not the support docket number, which is the only change between the motions for reconsideration. Thereafter, on May 22, 2014 this court issued an order denying appellant’s motion for reconsideration.

On May 30, 2014, appellant/wife filed the appeal in this matter. On June 9, 2014, this court issued a 1925(b) request for a concise statement of matters complained of [48]*48on appeal. On June 19,2014, appellant filed her statement of matters complained of on appeal. After reviewing the filed “Plaintiff’s Statement of Errors Complained of,” this court discovered that the nineteen paragraph, three page document truly only raises three issues of error regarding this court’s support order. Appellant’s allegations of error are as follows:

1. This court incorrectly relied on husband’s evidence related to his income, including husband’s employment, as there was no 2013/2014 tax returns provided to the court.
2. This court failed to consider that husband improperly paid his support obligation to wife utilizing the income he received from his rental property.
3. This court failed to consider that husband has a significant inheritance that he is able to utilize ánd as such should have been considered income for support purposes.

FACTS:

The parties were married on October 12, 1985 and have four (4) emancipated children. Appellant/wife filed a complaint in divorce and a complaint in custody on June 24, 1994; thereafter, the parties reconciled. On August 17, 2007, the parties formally separated. Appellant completed the ninth grade (9th) and thereafter received her General Educational Development (GED) High School Equivalency Degree and during the marriage, appellant was the primary caregiver to the parties’ four children.

[49]*49Appellee is a high school graduate, who completed college at St. Louis Washington University before going to Dental School at Temple University. Appellee was licensed as a dentist during the marriage. During the marriage, appellee bought property located at 248 South 21st Street, Rittenhouse Square, Philadelphia in 1993, with a loan from his father and as such the property was originally titled solely in appellee’s name and the parties renovated the building to accommodate appellee’s dentistry practice. Appellee sold his general dentistry practice located at 248 South 21st Street, Rittenhouse Square, Philadelphia in 2005 and retained the building, which he continues to rent out. Appellee receives rent from the dental office in the amount of $3,700 a month, the second floor apartment in the amount of $2,090 a month and the third floor apartment in the amount of $1,600 a month.

After the separation of the parties, appellant was in a severe auto accident on May 9, 2008, wherein she sustained numerous serious and disabling injuries which resulted in her having several operations. Appellant requires significant medical care to this day. There was a stipulation between the parties that appellant has no earning capacity.

It is important for the calculations of support in this matter to note that this court’s final order of equitable distribution was entered on May 30, 2013 and thereafter this court issued an order granting in part and denying In part plaintiff and defendant’s motions for reconsideration entered June 19, 2013.1 This court also notes that divorce [50]*50decree was issued on August 26, 2013 by The Honorable Nathaniel C. Nichols and as such the parties were formally divorced on that date.

Appellee filed a petition to Modify APL/spousal support on July 13, 2013. Thereafter, a master issued an order on September 4, 2013, effective July 22, 2013,2 for APL/spousal support in the amount of $3,759.60 plus 35% of the mortgage, for an additional $1017.45, with a total APL/spousal support obligation of $4,777.05 per month plus $477.57 toward arrears, thus a total monthly obligation of $5,254.75. This court noted that as of April 7,2014, the support arrears are $21,068.62. See plaintiff’s Exhibit, P-2. Appellee thereafter filed a timely appeal from the master’s order.

This court also notes that appellee, as required by the court’s final equitable distribution order of May 30, 2013, is to pay appellant’s existing medical, dental and [51]*51prescription insurance coverage and/or make full payments of the COBRA for appellant’s medical insurance for the full term of the COBRA that is available to appellant.

During the April 10,2014 hearing, both parties testified, as well as Lisandra Miasonet, the Office Manager of Newtown Dentistry for Kids and Newtown Orthodontics (hereinafter “Newtown”), appellee’s current employer located in Newtown, Bucks County, PA. Appellee characterizes his employment as “paid per diem.” appellee testified that in addition to his new position with Newtown he continued to work for and still remains employed with Liberty Dental.

This court heard testimony from appellee that after June 21, 20133, he attempted to pursue part-time employment in Reading, Pennsylvania. Appellee candidly testified that he intentionally postponed the decision to begin a part time job in Reading because of the anticipation that he would be working in August or September at Newtown.

Appellee further testified that from July 13, 2013 to September 30, 2013 he had received unemployment compensation in the amount of $573 per month and an additional $2,600 from Liberty Dental thus providing him with a total gross monthly income in the months of July, August and September of 2013 of $3,173.

Husband began his new full time position with Newtown on October 1, 2013. See defendant’s Exhibit, [52]*52D-5. Since October 1, 2013, appellee has been employed at Newtown while still employed with Liberty Dental. Appellee entered into a written contract with Newtown on November 1, 2013.

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Cite This Page — Counsel Stack

Bluebook (online)
40 Pa. D. & C.5th 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schader-v-schader-pactcompldelawa-2014.