Schoffstall v. Schoffstall

527 A.2d 567, 364 Pa. Super. 141, 1987 Pa. Super. LEXIS 8390
CourtSuperior Court of Pennsylvania
DecidedJune 19, 1987
DocketNo. 891
StatusPublished
Cited by5 cases

This text of 527 A.2d 567 (Schoffstall v. Schoffstall) 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
Schoffstall v. Schoffstall, 527 A.2d 567, 364 Pa. Super. 141, 1987 Pa. Super. LEXIS 8390 (Pa. Ct. App. 1987).

Opinion

TAMILIA, Judge:

This is an appeal from an Order dated June 23, 1986, adjudging the appellant to be in contempt and imposing sanctions for failure to comply with an Order to pay alimony pendente lite. To better understand this case and the events that led to the contempt Order, we believe a review of the history as shown by the record is desirable.

Appellant/husband filed a complaint in divorce against appellee/wife in August of 1984. As part of her answer, appellee/wife included claims for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses.

After a hearing, the hearing officer made recommendations as to alimony pendente lite and exceptions were filed. Upon agreement of the parties, the recommendations were vacated and the matter was again listed before a hearing officer. After a second hearing, during which time the hearing officer entered a recommendation that appellant pay $390 per month as alimony pendente lite plus $130 per month on arrearages set at $1,560, the trial court, on April [144]*14415, 1985, entered an Order in accordance with the hearing officer’s recommendations.

On June 27, 1985, appellee/wife filed a petition for contempt alleging that no payments had yet been made. On July 19, 1985, the court entered an Order finding appellant in contempt and stating that appellant could purge himself of the contempt by compliance with the Order. On July 31, 1985, after a hearing before Judge Kaplan, the court found appellant had not complied with the Order and, therefore, ordered him incarcerated until he made a $1,000 payment to appellee. After a day of incarceration, appellant paid the $1,000 and the Order was vacated.

On January 22, 1986, the parties again appeared before the hearing officer for a hearing on a contempt petition filed by appellee and on appellant’s petition for modification of the pendente lite Order and for enforcement of a purported settlement agreement. On March 13, 1986, the hearing officer recommended that appellant’s petitions be denied and further recommended that appellant be found in contempt of court. Appellant was given an opportunity to purge himself of the contempt by (1) making a payment of $1,000 against arrearages by April 29 and (2) keeping the existing support Order current. Exceptions were filed to the recommendations but were dismissed by Judge Standish on May 12, 1986. The Order also affirmed the hearing officer’s finding of contempt and stated that appellant would be sent before a judge for possible incarceration if he failed to comply with the Order. Appellant appealed the Order to our Court; however, we sua sponte quashed the appeal as no sanctions were imposed and thus the contempt Order was found to be interlocutory.

This case was then scheduled for a review for compliance before a hearing officer on June 23, 1986. On that date, after the initial hearing, the hearing officer requested that Judge Wettick hear the matter because of the possibility that appellant would be placed in jail. As of June 23,1986, appellant had made only one $100 payment on the support Order following the March 13,1986 hearing and he also had [145]*145failed to make the lump sum payment of $1,000. Thus at the time of the hearing, appellant owed arrearages of approximately $6,000 on the April 1985 Order. On June 23, 1986, Judge Wettick found appellant in continuing contempt of court. The Order stated that he could purge himself of the contempt by paying $600 by June 30, 1986, $600 by July 30, 1986, $600 by August 28, 1986 and $600 by September 16, 1986, and if he failed to make the payment on any successive date, he would be incarcerated. This appeal followed.1

Appellant now contends the court below erred in finding him to be in contempt on June 23, 1986 without permitting him to testify as to his present financial ability and, thereby, to purge himself of the contempt Order.

The lower court, in a footnote to his Slip Opinion, describes the practice utilized by the court in civil contempt proceedings as follows:

Under the practices of this Court, an evidentiary hearing on a petition for civil contempt is conducted by a hearing officer. However, only a judge may enter an order adjudicating a party to be in contempt of court. A judge will enter such an order upon recommendation of the hearing officer if no exceptions are filed to the recommendation. If exceptions are filed, a judge will enter such a [sic] order only if, after reviewing the record, he or she determines that the party is in contempt of court. Furthermore, a party may be committed to jail only after an evidentiary hearing before a judge. These practices permit this court to respond promptly to the failure of a party to comply with a support order while limiting judicial involvement to those cases in which an order committing a defendant to jail may be appropriate.

(Slip Op., Wettick, J., 12/10/86, p. 2).

We agree with appellant’s assertion that he must be permitted to introduce evidence as to his ability to pay the amount necessary to purge himself of contempt. Here, Judge Wettick had an evidentiary hearing at which the [146]*146appellant was present, represented by counsel and testified. The greater part of the hearing consisted of appellant’s attempt to go behind the Order and to establish that it was unreasonable ab initio.2 As the lower court held, this was a matter properly relegated to the petition and hearing on modification, which was denied, and may not be relitigated at the contempt proceeding. The testimony presented by appellant as to his present ability to pay (or lack of it) was that he was behind in his rent four months (T.T. 6/23/86, p. 9), he has moved and stays with his mother and friends (T.T. 6/23/86, p. 10) and he claims indebtedness of $4,000 and an inability to raise $1,000 required by the court (master) to purge himself of contempt (T.T. 6/23/86, p. 22). He acknowledged tbat he has present income of $250 per week. The jointly owned home is also a partial asset which could be considered as an asset in purging himself of the contempt, once sale is completed.

The hearing officer was sworn and testified (T.T. 6/23/86, p. 10) that appellant had a Ram Charger truck, was fully employed and failed to pay any amount beyond $100 since the earlier Order. The testimony also revealed appellant’s daughter, who he earlier claimed lived with him, no longer does so. However, appellant’s counsel attempted to introduce evidence concerning appellant’s financial circumstances as they related to the initial Order, but the lower court rebuffed his attempts. The lower court was correct in refusing testimony as to appellant’s financial ability to pay the alimony pendente lite Order entered on April 15, 1985. The issue before the court on June 23, 1986 was whether appellant could be held in contempt for failure to satisfy his obligations. On that issue, Judge Wettick found the appellant was in contempt and that he had a present ability to pay.

The issue before us is whether, pursuant to procedures established for conducting civil contempt hearings in sup[147]*147port and alimony cases, the appellant had the requisite opportunity to establish his lack of ability to pay.

It is clear that when a party fails to comply with an Order directing payment of alimony pendente lite, the court may exercise its civil contempt power to enforce compliance with its Order.

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Cite This Page — Counsel Stack

Bluebook (online)
527 A.2d 567, 364 Pa. Super. 141, 1987 Pa. Super. LEXIS 8390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoffstall-v-schoffstall-pasuperct-1987.