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COMMONWEALTH PENNSYLVANIA EX REL. LINDA K. FIEBIG v. GLEN D. FIEBIG (10/20/78)

decided: October 20, 1978.

COMMONWEALTH OF PENNSYLVANIA EX REL. LINDA K. FIEBIG,
v.
GLEN D. FIEBIG, APPELLEE. APPEAL OF LINDA K. FIEBIG



No. 1380 October Term, 1977, Appeal from the Order Entered March 14, 1977, as Amended, by the Court of Common Pleas of Cameron County at No. 6 of 1977-Criminal Division.

COUNSEL

John B. Mancke, Harrisburg, for appellant.

Scott E. Townsley, with him Joseph W. Longergan, Norristown, for appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Hoffman, J., did not participate in the consideration or decision of this case.

Author: Cercone

[ 258 Pa. Super. Page 301]

This is an appeal by the relatrix-appellant, Linda K. Fiebig, from the order of the Court of Common Pleas of Cameron County modifying an agreed order of support which had previously been entered in the Court of Common Pleas of Dauphin County on behalf of the parties' minor son. The events giving rise to this anomalous situation are as follows.

On August 29, 1974, the parties, now divorced, filed an agreed order of support in the Court of Common Pleas of Dauphin County providing that the appellee, Glen D. Fiebig, would pay the sum of $35.00 per week for the support of their one child. Appellee complied with this order and nothing untoward transpired for several years. The problem, which eventually precipitated this appeal, first developed when the Domestic Relations Officer of Cameron County

[ 258 Pa. Super. Page 302]

    received a short letter from the Domestic Relations Office of Dauphin County under date of July 14, 1976. The letter was in regards to the instant parties and simply stated:

"Enclosed herewith for transfer please find certified copy of Court Order and xerox copy of our payment record. The defendant lives at R.D. # 1, Box 390 D, Emporium, Pennsylvania 15834. The checks of course will continue to be sent to Dauphin County for transmittal to Linda K. Fiebig, R.D. # 2, Box # 93, Hummelstown, Pennsylvania."

Several months later on February 2, 1977, the District Attorney of Cameron County filed -- pursuant to the request of appellee and his counsel -- a motion seeking review of the original Dauphin County support order because of an alleged change in appellee's financial condition. On March 14, 1977, a hearing was held on this "Motion for Review." Appellant was neither notified nor present at the hearing. The District Attorney of Cameron County, however, appeared ostensibly on behalf of appellant -- albeit without her consent or knowledge. At the hearing appellee, who is a Pennsylvania State Trooper, testified that since the original Dauphin County support order he has remarried and has another child with another on the way. He further testified that his expenses have substantially increased and he would need a reduction of the existing support order to meet his obligations. Appellee further acknowledged that he was technically in arrears several hundred dollars, but explained that this was due principally to the appellant's failure to give him credit for those times during the year when the parties' child was in his custody. At the conclusion of this hearing, the Cameron County court reduced the original support order of Dauphin County from $35.00 per week to $40.00 per month. On March 23, 1977, the lower court (Cameron County) entered an order amending its earlier order of March 14, 1977, by adding thereto: "No arrearages are due." On April 6, 1977, appellant perfected the instant appeal. Nevertheless, on October 6, 1977, the Cameron County District Attorney filed a "Motion for Supplemental Hearing" stating that the

[ 258 Pa. Super. Page 303]

    lower court judge had advised him that his examination of the transcript revealed an incomplete record. Specifically, it was asserted that the record was deficient in that it did not contain the so-called transmittal letter of July 14, 1976, from Dauphin County to Cameron County. A brief hearing was conducted relative to this matter on October 10, 1977. At this hearing appellee testified that in June of 1976 he mailed his support check to the Domestic Relations Office of Dauphin County together with a note requesting that his case be ...


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