LALLY-GREEN, J.:
¶ 1 Appellant, Lauri Davidson Sternlicht (“Mother”), appeals from the order dated August 24, 2001, denying Mother’s Petition for Accounting and Petition for Removal of Custodian and denying Mother counsel fees. We reverse in part, affirm in part, and remand.
¶ 2 The trial court found the following facts:
Defendant, Lauri Davidson Sternlicht (“Mother”), appeals this Court’s Order dated August 24, 2001, denying certain aspects of her Petition for Accounting [735]*735and Petition for Removal of Plaintiff, Harold C. Sternlicht (“Father”), as Custodian and for Other Relief. The parties are the natural parents of one minor-child, Jamie K. Sternlicht, born September 12, 1993. They separated in March 1997, and divorced in May 1999.
On August 20, 2001, we held a hearing on Mother’s petition. With regard to the issues on appeal only, the testimony and evidence established that in March 1997, an Ameritrade account in the name of Father, Custodian For The Benefit of Jamie K. Sternlicht, UGMA PA, existed with a balance of approximately $4,600. Between October 1997 and December 1998, Father made a series of stock purchases through this account totaling $46,500.1 The funds to purchase the stocks were generated by Father through post-separation earnings and a $20,000 inheritance he received from his uncle. During the calendar year 1999, Father sold most, if not all of the stock he had purchased between October 1997 and December 1998. He used the funds to pay the private school tuition expenses of the minor-child and to purchase a home for himself. While Mother suggested at hearing that Father used the funds from the sale of the stock to make payments to her of certain obligations he incurred as the result of our decision on the economic claims of the parties, there was no evidence to support the claim.
Father testified credibly at trial that his sole purpose in making the stock purchases between October 1997 and December 1998 in his name as custodian, was to lessen the tax burden upon himself for capital gains he expected when he sold those stocks. In fact, the evidence established that there were capital gains in excess of $16,000 realized during 1999, and these were then identified on tax filings he made on behalf of the minor-child.
In addition to other relief, which we granted, Mother sought removal of Father as custodian, and that he restore the $59,759 he had removed from the account during the year 1999.
By Order dated August 24, 2001, we granted Mother certain relief, but with reference to the custodial account, we denied the relief requested. This appeal followed.
Trial Court Opinion, 3/6/02, at 1-2.
¶ 3 On January 23, 2001, Mother filed a Petition for Accounting requesting that Father produce records of all transactions relating to a custodial account Father established for daughter under the Pennsylvania Uniform Transfers to Minors Act (PUTMA), 20 Pa.C.S.A. §§ 5301-10.2 Father produced some documents but did not produce any records demonstrating his use of the custodial funds.
¶4 On April 10, 2001, Mother filed a Petition for Removal of Custodian and Other Relief.3 On July 24, 2001, Mother [736]*736filed a Petition for Enforcement.4 On August 20, 2001, the trial court held a hearing on Mother’s petitions. Father testified as to transactions within the daughter’s PUT-MA account at the hearing. On August 24, 2001, the trial court entered an order denying Mother’s Petition for Removal of Custodian and Other Relief. This appeal followed.
¶ 5 Mother raises two issues on appeal:
1) Did the trial court err in failing to require Father to repay amounts he removed from daughter’s custodial account?
2) Did the trial court err [in] failing to require Father to pay Mother’s legal expenses incurred in connection with her Petition for Accounting and Petition for Removal of Custodian and for Other Relief?
Mother’s Brief at 4. These issues involve the parties’ support of daughter and arose during the course of the parties’ equitable distribution dispute that was pending before the trial court.
¶ 6 Our standard of review is well settled.
When evaluating a support order, this Court may only reverse the trial court’s determination where the order cannot be sustained on any valid ground. We will not interfere with the broad discretion afforded the trial court absent an abuse of that discretion or insufficient evidence to sustain the support order. An abuse of discretion is not merely an error of judgment; if, in reaching a conclusion, the court overrides or misapplies the law, or the judgment exercised is shown by the record to be either manifestly unreasonable or the product of partiality, prejudice, bias or ill will, discretion has been abused. In addition, we note that the duty to support one’s child is absolute, and the purpose of child support is to promote the child’s best interests.
Laws v. Laws, 758 A.2d 1226, 1228 (Pa.Super.2000) (citations omitted).
¶ 7 Mother first complains that the trial court erred in failing to require Father to repay funds that Father removed from daughter’s PUTMA account. Mother complains that all of the money that Father put into daughter’s PUTMA account constituted an irrevocable gift to daughter and should be repaid, with interest. The trial court held that Father never intended to gift the funds to daughter when he used the PUTMA account as a depository for stock investments.
¶ 8 We will address Mother’s first issue concerning Father’s use of the funds in the PUTMA account in two parts. We address: 1) whether the funds Father deposited into the PUTMA account constitute property of the daughter; and 2) whether Father’s use of a portion of the funds for two separate expenditures, down payment on a house and payment of daughter’s private school tuition, were proper PUT-MA expenditures. A proper analysis of [737]*737these issues requires application of several sections of PUTMA.
¶ 9 We first address the issue of whether the funds that Father deposited into the PUTMA account constitute property of the daughter. When the language of a statute is clear and unambiguous, it is not to be disregarded under the pretext of pursuing the spirit of the statute. 1 Pa. C.S.A. § 1921(b); McKelvey v. McKelvey, 771 A.2d 63, 64 (Pa.Super.2001). Only when the language of the statute is ambiguous does statutory construction become necessary. Ramich v. Worker’s Comp. Appeal Board (Schatz Electric, Inc.), 564 Pa.656, 770 A.2d 318 (2001).
¶ 10 The purpose of PUTMA is to provide an inexpensive, easy way for giving property to minors. Sutliff v. Sutliff, 515 Pa. 393, 528 A.2d 1318, 1323 (1987). Section 5304 of PUTMA addresses the irrevocable nature of transfers to PUTMA accounts and provides:
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LALLY-GREEN, J.:
¶ 1 Appellant, Lauri Davidson Sternlicht (“Mother”), appeals from the order dated August 24, 2001, denying Mother’s Petition for Accounting and Petition for Removal of Custodian and denying Mother counsel fees. We reverse in part, affirm in part, and remand.
¶ 2 The trial court found the following facts:
Defendant, Lauri Davidson Sternlicht (“Mother”), appeals this Court’s Order dated August 24, 2001, denying certain aspects of her Petition for Accounting [735]*735and Petition for Removal of Plaintiff, Harold C. Sternlicht (“Father”), as Custodian and for Other Relief. The parties are the natural parents of one minor-child, Jamie K. Sternlicht, born September 12, 1993. They separated in March 1997, and divorced in May 1999.
On August 20, 2001, we held a hearing on Mother’s petition. With regard to the issues on appeal only, the testimony and evidence established that in March 1997, an Ameritrade account in the name of Father, Custodian For The Benefit of Jamie K. Sternlicht, UGMA PA, existed with a balance of approximately $4,600. Between October 1997 and December 1998, Father made a series of stock purchases through this account totaling $46,500.1 The funds to purchase the stocks were generated by Father through post-separation earnings and a $20,000 inheritance he received from his uncle. During the calendar year 1999, Father sold most, if not all of the stock he had purchased between October 1997 and December 1998. He used the funds to pay the private school tuition expenses of the minor-child and to purchase a home for himself. While Mother suggested at hearing that Father used the funds from the sale of the stock to make payments to her of certain obligations he incurred as the result of our decision on the economic claims of the parties, there was no evidence to support the claim.
Father testified credibly at trial that his sole purpose in making the stock purchases between October 1997 and December 1998 in his name as custodian, was to lessen the tax burden upon himself for capital gains he expected when he sold those stocks. In fact, the evidence established that there were capital gains in excess of $16,000 realized during 1999, and these were then identified on tax filings he made on behalf of the minor-child.
In addition to other relief, which we granted, Mother sought removal of Father as custodian, and that he restore the $59,759 he had removed from the account during the year 1999.
By Order dated August 24, 2001, we granted Mother certain relief, but with reference to the custodial account, we denied the relief requested. This appeal followed.
Trial Court Opinion, 3/6/02, at 1-2.
¶ 3 On January 23, 2001, Mother filed a Petition for Accounting requesting that Father produce records of all transactions relating to a custodial account Father established for daughter under the Pennsylvania Uniform Transfers to Minors Act (PUTMA), 20 Pa.C.S.A. §§ 5301-10.2 Father produced some documents but did not produce any records demonstrating his use of the custodial funds.
¶4 On April 10, 2001, Mother filed a Petition for Removal of Custodian and Other Relief.3 On July 24, 2001, Mother [736]*736filed a Petition for Enforcement.4 On August 20, 2001, the trial court held a hearing on Mother’s petitions. Father testified as to transactions within the daughter’s PUT-MA account at the hearing. On August 24, 2001, the trial court entered an order denying Mother’s Petition for Removal of Custodian and Other Relief. This appeal followed.
¶ 5 Mother raises two issues on appeal:
1) Did the trial court err in failing to require Father to repay amounts he removed from daughter’s custodial account?
2) Did the trial court err [in] failing to require Father to pay Mother’s legal expenses incurred in connection with her Petition for Accounting and Petition for Removal of Custodian and for Other Relief?
Mother’s Brief at 4. These issues involve the parties’ support of daughter and arose during the course of the parties’ equitable distribution dispute that was pending before the trial court.
¶ 6 Our standard of review is well settled.
When evaluating a support order, this Court may only reverse the trial court’s determination where the order cannot be sustained on any valid ground. We will not interfere with the broad discretion afforded the trial court absent an abuse of that discretion or insufficient evidence to sustain the support order. An abuse of discretion is not merely an error of judgment; if, in reaching a conclusion, the court overrides or misapplies the law, or the judgment exercised is shown by the record to be either manifestly unreasonable or the product of partiality, prejudice, bias or ill will, discretion has been abused. In addition, we note that the duty to support one’s child is absolute, and the purpose of child support is to promote the child’s best interests.
Laws v. Laws, 758 A.2d 1226, 1228 (Pa.Super.2000) (citations omitted).
¶ 7 Mother first complains that the trial court erred in failing to require Father to repay funds that Father removed from daughter’s PUTMA account. Mother complains that all of the money that Father put into daughter’s PUTMA account constituted an irrevocable gift to daughter and should be repaid, with interest. The trial court held that Father never intended to gift the funds to daughter when he used the PUTMA account as a depository for stock investments.
¶ 8 We will address Mother’s first issue concerning Father’s use of the funds in the PUTMA account in two parts. We address: 1) whether the funds Father deposited into the PUTMA account constitute property of the daughter; and 2) whether Father’s use of a portion of the funds for two separate expenditures, down payment on a house and payment of daughter’s private school tuition, were proper PUT-MA expenditures. A proper analysis of [737]*737these issues requires application of several sections of PUTMA.
¶ 9 We first address the issue of whether the funds that Father deposited into the PUTMA account constitute property of the daughter. When the language of a statute is clear and unambiguous, it is not to be disregarded under the pretext of pursuing the spirit of the statute. 1 Pa. C.S.A. § 1921(b); McKelvey v. McKelvey, 771 A.2d 63, 64 (Pa.Super.2001). Only when the language of the statute is ambiguous does statutory construction become necessary. Ramich v. Worker’s Comp. Appeal Board (Schatz Electric, Inc.), 564 Pa.656, 770 A.2d 318 (2001).
¶ 10 The purpose of PUTMA is to provide an inexpensive, easy way for giving property to minors. Sutliff v. Sutliff, 515 Pa. 393, 528 A.2d 1318, 1323 (1987). Section 5304 of PUTMA addresses the irrevocable nature of transfers to PUTMA accounts and provides:
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to section 5309 (relating to manner of creating custodial property and effecting transfer).
20 Pa.C.S.A. § 5304. Whatever its source, custodial property that is held pursuant to Section 5304 is the property of the minor child. Sutliff, 528 A.2d at 1323.
¶ 11 Section 5309, which addresses the manner of creating custodial property and effecting transfer, provides in relevant part:
(a) Creation of custodial property.— Custodial property is created and a transfer is made whenever:
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(2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: “as custodian for (name of minor) under the Pennsylvania Uniform Transfers to Minors Act.”
20 Pa.C.S.A. § 5309. The plain meaning of Section 5309(a)(2) indicates that a transfer is made and “custodial property” is created when money is deposited into a brokerage account in the name of the parent as custodian for the minor under PUT-MA.
¶ 12 Section 5311, which addresses the validity and effect of transfer, provides, in pertinent part:
(b) Irrevocability of transfer. -A transfer made pursuant to section 5309 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in this chapter, and neither the minor nor the minor’s legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.
20 Pa.C.S.A. § 5311(b). The plain meaning of Section 5311(b) is that a transfer made into the PUTMA account of the minor is irrevocable and the vesting of the custodial property in the minor cannot be undone.
¶ 13 As the above reflects, the relevant PUTMA provisions are unambiguous on their face and they, therefore, must be given effect in accordance with their plain and common meaning. The plain and common • meaning of the relevant provisions of PUTMA is that money transferred into a custodial brokerage account is irrevocably the property of the minor child. [738]*73820 Pa.C.S.A. §§ 5804, 5309, 5311(b).5
¶ 14 The trial court determined that the transfer by Father to the PUTMA account did not create property of the child. The trial court addressed this issue as follows:
In reaching our decision on August 24, 2001, we were certainly aware of the irrevocability of gifts made to minors under the Pennsylvania Uniform Gifts to Minors Act, and that such a gift conveyed to the minor indefeasibly vested legal title to the custodial property given. 20 Pa.C.S.A. § 5311(b). Nonetheless, we believed equity demanded a different result in this case. In a very real sense, there never was any donative intent on the part of Father to gift these funds to his daughter. He was not earmarking a sum of money for her future benefit for education or otherwise. He was buying and selling stocks through an Ameritrade account he had opened for her with the sole purpose of limiting his tax liability on the gains. We know from further proceedings involving these parties that Father was not in a financial position to irrevocably commit a sum as large as $46,500 to the future needs of his daughter, when his present financial needs were so substantial.
The tax return verifies that he began withdrawing the funds out of the account as early as February 1999, and the evidence supports that he used these funds to pay Jamie’s private school tuition at the Jewish Community Center of Pittsburgh, though he was otherwise under no obligation to do so. In addition, funds were used to purchase a home for Father so that, in his words, he could enjoy his periods of partial custody with his daughter in an appropriate residence, rather than in the rental property/duplex he had been living in since the time of separation.
Father openly admitted to his ignorance of the provisions of the Pennsylvania Uniform Gift to Minors Act, and it is clear from his testimony that he was merely “parking” these funds in the custodial account for the sole purpose of reducing his tax burden on the capital gains he would realize when the stocks were sold. Father was making the purchases on the Internet through Ameri-trade. Father was moving the monies through the Ameritrade account and was not aware of the irrevocability of the gift. We found Father credible on these issues.
20 Pa.C.S.A. § 5309 explains how a person may make a gift under the Uniform Gifts to Minors Act. Clearly the gift becomes irrevocable once made pursuant to 20 Pa.C.S.A. § 5311(b). How[739]*739ever, we believe that Father never intended to make an irrevocable [gift] to his daughter. As discussed supra, Father was ignorant of the nature of his gift to daughter and that it was irrevocable.
We find support for this position in estate cases where in reviewing whether a decedent intends to make an inter vivos gift, the Court requires evidence of both the existence of delivery and dona-tive intent. To establish a valid inter vivos gift, the claimant must do so by clear, precise, direct and convincing evidence. To constitute a gift inter vivos there must be shown an intention to make an immediate gift and constructive delivery to the donee.
In the case sub judice, Father’s name was listed as custodian on the account. Father believed he was the owner of the account, or at a minimum that he was a joint owner on the account as he could exercise control over the monies deposited into the account. Also he did not intend for monies to be given to his daughter. Therefore, no valid gift was made.
Trial Court Opinion, 3/6/02, at 2-5 (citations omitted).
¶ 15 Our review of the record reflects that Father established an Ameritrade investment account under PUTMA on behalf of daughter. N.T., 8/20/01, at 42-48. Father testified that the balance of the PUT-MA account of $5,667.05 in March of 1997 was intended to be gifted to his daughter. N.T., 8/20/01, at 42-44.
¶ 16 In July of 1997, Father deposited $10,000.00 into the account for the purchase of stock. Id. at 46, 528 A.2d 1318. In October of 1997, Father deposited approximately $6,500.00 for the purchase of stock. Id. at 45, 528 A.2d 1318. In February/March of 1998, Father deposited an additional $20,000.00 into the account for the purchase of stock. Id. at 46, 528 A.2d 1318. In total, Father deposited over $36,500.00 into the PUTMA account from March of 1997 through December of 1998. Id. at 47, 528 A.2d 1318. Father testified that he made the post-March 1997 deposits into his daughter’s PUTMA account and subsequent stock purchases for favorable tax treatment. Id. at 47, 528 A.2d 1318. Father testified that he did not intend to gift the stock or proceeds to daughter. Id.
¶ 17 In 1999, Father liquidated several of the investments in the PUTMA account to pay his daughter’s tuition and to make a down payment on a house. N.T., 8/20/01, at 48. The funds from the 1999 sales of stock totaled $59,759.00, representing the cost basis of the stock purchased and $16,616.00 in gains. See, 1999 Tax Return, Pa Schedule D.
¶ 18 The trial court found that Father never intended to gift the $36,500.00 into the PUTMA account from March of 1997 through December of 1998. Trial Court Opinion, 3/6/02, at 4. The trial court concluded that Father was ignorant of the law and used the PUTMA account to reduce his income tax liability by attributing the funds to daughter. Id.
¶ 19 We are constrained to disagree with the learned trial court. Here, Father established an Ameritrade investment account under Section 5309(a)(2) of PUTMA. on behalf of his daughter. The funds deposited into this account became the property of his daughter. 20 Pa.C.S.A. §§ 5304, 5309, 5311(b); Sutliff. Father’s intention to avoid tax consequences by depositing the funds into the PUTMA account and Father’s lack of donative intent as to the funds from the stock sales are of no moment under the principles of PUT-[740]*740MA.6 The learned trial court, thus, erred in determining that the funds deposited into the PUTMA account are not the property of his daughter.
¶ 20 We next address whether Father’s expenditures from the PUTMA account for the purchase of a home and payment of daughter’s private school tuition were for the benefit of daughter. We first address Father’s expenditure of money from the PUTMA account for the purchase of a home. It is the custodian’s duty to use the PUTMA account for the child’s benefit. Sutliff, 528 A.2d at 1328. A custodian may not use PUTMA property to benefit himself. Id. A parent-custodian who uses custodial PUTMA funds to satisfy his own support obligation violates his duty of loyalty. Id.
¶ 21 Again, when the language of a statute is clear and unambiguous, it is not to be disregarded under the pretext of pursuing the spirit of the statute. 1 Pa.C.S.A. § 1921(b); McKelvey, 771 A.2d at 64. Only when the language of the statute is ambiguous does statutory construction become necessary. Ramich, 564 Pa. 656, 770 A.2d 318.
¶ 22 Section 5314, use of custodial property, provides:
(a)Without court order. -A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(1) the duty or ability of the custodian personally or of any other person to support the minor; or
(2) any other income or property of the minor which may be applicable or available for that purpose.
(b) With court order. -On petition of an interested person or the minor if the minor has attained 14 years of age, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
(c) Obligation of support not affected. - A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
20 Pa.C.S.A. § 5314(a), (b), (c).
¶ 23 The relevant provision is unambiguous on its face and, thus, must be given its plain meaning. Under Section 5314, the custodian may expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor. Section 5314 also provides that an expenditure under this section is in addition to, and not in substitution for, any parental support obligation. Sutliff.
¶ 24 Our review of the record reflects that Father used a little over $40,000.00 of the proceeds in the PUTMA account to purchase a new home. N.T., 8/20/01, at 48, 51. Father testified that the house is titled in Father’s name alone. Id. at 51, 528 A.2d 1318. The record fails to support a conclusion that the expenditure for the home was for the use and benefit of the daughter. Thus, Father failed to comply with the mandate of Section 5314 of PUT-MA.
[741]*741¶25 We now address Father’s use of a portion of the PUTMA account to pay daughter’s private school tuition. Again, an expenditure under Section 5814 is in addition to, and not in substitution for, any parental support obligation. 20 Pa.C.S.A. § 5314; Sutliff. A custodian abuses his discretion and acts improperly if he expends funds from a PUTMA account for the purpose of fulfilling his support obligation in lieu of making the payments out of his own income and assets, where the parent has sufficient financial means to discharge it himself. Sutliff, 528 A.2d at 1324. PUTMA accounts may not be used for support before the parents expend their own resources. Mackalica v. Mackalica, 716 A.2d 653, 657 (Pa.Super.1998); Litmans v. Litmans, 449 Pa.Super. 209, 673 A.2d 382, 396 (1996).
¶ 26 Our review of the record reflects that Father used a portion of the PUTMA account to pay daughter’s private school tuition. N.T., 8/20/01, at 48. The amount paid for tuition was $7,300.00. Id. at 51, 673 A.2d 382. Father acknowledged that he was obligated to pay the school tuition pursuant to the equitable distribution order. Id. Our review of the record, thus, reflects that Father used funds from daughter’s PUTMA account for the purpose of fulfilling his support obligation in lieu of making the payments out of his own income and assets. Father, thus, failed to comply with the mandate of Section 5314 of PUTMA.
¶ 27 The record, however, fails to reveal whether an inquiry was made as to whether Father had sufficient independent means to discharge the tuition obligation without use of the PUTMA account. We, thus, remand for a determination by the trial court as to Father’s present ability to fulfill this support obligation. Sutliff, 528 A.2d at 1324.7
¶28 Mother next complains that the trial court erred in failing to require Father to pay Mother’s legal expenses incurred in connection with her Petition for Accounting and Petition for Removal of Custodian and for Other Relief. The general rule is that the parties to litigation are responsible for their own counsel fees and costs unless otherwise provided by statutory authority, agreement of parties, or some other recognized exception. Cher-Rob, Inc. v. Art Monument Co., 406 Pa.Super. 330, 594 A.2d 362, 363 (1991). We review a court’s award of, or refusal to award, counsel fees for an abuse of discretion. Miller v. Miller, 744 A.2d 778, 790-791 (Pa.Super.1999).
¶ 29 Section 2503(7) of the Judicial Code, 42 Pa.C.S.A. § 2503(7), right to receive counsel fees, provides:
The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter:
(7) Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter.
42 Pa.C.S.A. § 2503(7).
¶ 30 Section 2503(7) applies to the conduct of a party in commencing a proceeding or conduct during the pendency of an action. Cher-Rob, Inc., 594 A.2d at 364. Section 2503(7), however, does not cover pre-litigation conduct of the parties. Id. See also, Pentek, Inc. v. Meininger, 695 [742]*742A.2d 812 (Pa.Super.1997) (Section 2508 does not apply to conduct that occurred prior to the commencement of the suit).
¶ 81 Mother relies upon Section 2503(7) of the Judicial Code and complains that an award of counsel fees is warranted as a sanction against Father “for bad faith conduct during the pendency of the matter.” Mother’s Brief at 10. Mother complains that Father acted in bad faith by exercising custodial power over the PUTMA account for his own benefit and by failing to maintain records of all transactions regarding the custodial property.
¶ 32 Our review of the record reflects that Mother fails to allege how Father engaged in bad faith during the pendency of the matter involving Mother’s Petition for Accounting and Petition for Removal of Custodian. Because no allegations of bad faith pertain to the conduct of Father in commencing a proceeding or during the pendency of an action, Section 2503(7) does not apply. The trial court, thus, did not abuse its discretion in denying counsel fees to Mother. Cher-Rob, Inc.; Pentek. Appellant’s claim fails.8
¶ 33 Order affirmed in part and reversed in part.9 Case remanded for proceedings consistent with this opinion. Jurisdiction relinquished.
¶ 34 Judge KLEIN files a Dissenting Opinion.