Appeal from the Order entered in the Court of Common Pleas of Delaware County, Civil Division, No. F-43 1364 of 1984
J. Scott O'Keefe, Philadelphia, for appellant.
William B. Borrebach, Media, for appellee.
Cavanaugh, Tamilia and Kelly, JJ. Kelly, J., concurs in the result.
[ 387 Pa. Super. Page 504]
Appellant Geraldine Patricia Larkin Bradley appeals an Order entered October 17, 1988 which directed appellee father to pay a sum of $97.50 per week for maintenance of the parties' two minor children; awarded him credit in the amount of $2,333 on the existing arrearage, representing one-half the total of $4666 amount of mortgage payments he had made during 1988; and directed that he was, as of November 30, 1987, no longer responsible for mortgage payments or for maintaining medical insurance on the children.
[ 387 Pa. Super. Page 505]
The Order also found appellee to be in contempt for his failure to comply with the prior court Order, and gave him an opportunity to purge his contempt by paying $50 per week for three weeks immediately following September 29, 1988. The court added that if he met his obligations, appellee could postpone sanctions on the contempt by presenting to the court a record of his job searching efforts. The October 17, 1988 Order was retroactive to November 30, 1987.
The facts surrounding the appeal are that father was obligated by an Order filed November 7, 1984 to make support payments for the children amounting to $115 per week. The master's recommendation stated that the amount had been arrived at by agreement of the parties. Although the master's recommendation also stated that father was to pay the mortgage and the children's medical insurance expenses, the Order did not so provide. In April of 1987, father filed a petition for reduction of support, and in May of 1987, wife filed a petition for an increase of support. A master's recommendation of support in the amount of $84 per week was approved by the court by a July 8, 1987 temporary Order. Mother filed exceptions to the master's Order on July 17, 1987, but she later withdrew her exceptions in August of 1987. On August 26, 1987, she instituted contempt proceedings against father and a rule to show cause was issued. A hearing on the contempt petition was held on November 27, 1987 before a master, and the master suggested father's wages be ordered to be attached. Father, on November 30, 1987, filed a "PETITION FOR APPEAL OF MASTER'S ORDER, SUSPENSION OF MORTGAGE PAYMENTS, AND REVIEW OF TEMPORARY ORDER". On November 30, 1987, a rule to show cause why the support Order should not be reduced retroactive to the date of filing of the petition and why she should not make mortgage payments was issued against mother. On July 27, 1988, mother filed a contempt petition, and a rule to show cause why he should not be found in contempt was issued against father. A hearing was held on September 29, 1988 on both appellee's petition for appeal from the
[ 387 Pa. Super. Page 506]
master's Order and the contempt petition. The Order in question was then filed on October 17, 1988. Appellant's petition for reconsideration and/or rehearing was denied on October 19, 1988, and appellant, on October 25, 1988, filed notice of appeal.
On appeal mother contends, inter alia, that the court erred in reviewing father's petition for appeal of the master's Order, suspension of mortgage payments, and review of temporary order at the hearing held on September 29, 1988 because that petition was untimely filed. We note, however, the mother has failed to file a ...