No. 906 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas, Domestic Relations Division, of Lancaster County, No. 228 of 1978.
Menno B. Rohrer, Lancaster, for appellant.
Robert S. Trigg, Lancaster, for appellee.
Hester, Cavanaugh and Van der Voort, JJ. Cavanaugh, J., files a dissenting opinion.
[ 292 Pa. Super. Page 435]
Presently before the court is appellant's appeal from the Order of the lower court directing a Master in Partition to remit to the Domestic Relations Office of Lancaster County, any funds due appellant and in the possession of said Master, realized from the sale of real estate formerly owned by appellant and appellee as tenants by the entireties. Prior to the time the parties were divorced, appellant was in arrears in support payments for his minor children in an amount in excess of $2,300.00.
Appellant alleges that the court erred in its March 21, 1980 (support) order when it directed a Master in a separate and distinct partition action to remit funds payable to the appellant to a person or entity other than the appellant.
We concur with the action of the lower court and, hence, affirm.
The operative facts may be briefly summarized as follows: Appellee filed a support action on February 28, 1978 against the appellant. At hearing on April 28, 1978, the appellant was ordered to pay $60.00 per week for the support of his minor children. That order has continued in full force and effect at all times relevant to this matter. The parties were divorced by Decree in Divorce dated September 29, 1978 in the Court of Common Pleas of Lancaster County, Pennsylvania.
On February 2, 1979, (obviously subsequent to the entry of the Decree in Divorce between the parties) appellee filed an action in partition against the appellant in the Court of
[ 292 Pa. Super. Page 436]
Common Pleas of Lancaster County pursuant to 68 P.S. § 501 etc.*fn1
Appellant did not file an answer to appellee's Complaint in Partition and thereafter Harry R. Harmon was appointed as Master in Equity. In this capacity, he sold the real estate in question at public sale, which sale was confirmed nisi by the court on January 18, 1980. Exceptions by the appellant to the proposed decree nisi were dismissed on February 15, 1980, and this order also provided that no distribution of funds from the proceeds of public sale shall take place prior to a filing of a proposed Schedule of ...