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[U] Beale v. Clement

Superior Court of Pennsylvania

March 12, 2014

SUSAN M. BEALE Appellant
v.
SAMUEL B. CLEMENT Appellee SUSAN M. BEALE Appellee
v.
SAMUEL B. CLEMENT Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Order Entered December 7, 2012 In the Court of Common Pleas of Chester County Domestic Relations at No.: 00514N2010 Pacses 404111573

BEFORE: FORD ELLIOTT, P.J.E., WECHT, J., and MUSMANNO, J.

MEMORANDUM

WECHT, J.

Susan Beale ("Mother") and Samuel Clement ("Father") have filed cross-appeals from the trial court's December 7, 2012 child support order. We affirm.

The trial court summarized the factual and procedural history as follows:[1]

The parties were married on June 11, 1997 and separated on January 30, 2006. They have one minor child, A.C. On April 10, 2006, Mother filed a complaint in divorce and requested equitable distribution and child support. Father filed a counterclaim and requested alimony, alimony pendente lite and attorney fees.
After a hearing before Master Carolyn Moran Zack, an interim order was issued on June 8, 2010. Both Mother and Father filed exceptions. The Honorable Katherine B.L. Platt denied the exceptions related to each party's earning capacity and Father's exceptions to alimony. A divorce decree was also entered at that time.
Father appealed to the Superior Court of Pennsylvania. The Superior Court affirmed the lower court's decision in full. Father requested allocator to the Supreme Court of Pennsylvania which was denied. Thus, as of the date of Master[] Zack's Report and Recommendations of June 8, 2010, as accepted by Judge Platt, the parties' earning were determined to be as follows:
Mother: $4, 326/month
Father: $4, 436/month
During this same period, Mother and Father filed cross support complaints. On April 6, 2010, Mother filed for child support . . . . On April 26, 2010, Father filed for spousal support . . . . An Interim Order for child support, dated April 27, 2010, awarded Mother the total sum of $144.00 per month; $131.00 for support and $13.00 for arrears beginning April 6, 2010.
Both petitions were heard simultaneously before Hearing Officer Donald A. Mancini on September 28, 2011, September 29, 2011 and October 26, 2011. Master Mancini issued his Report and Recommendation on July 2, 2012. Mother filed one sole exception claiming Master Mancini failed to order Father to pay immediately and in one lump sum all the past due child support.

Trial Court Opinion – Mother ("T.C.O.M."), 3/20/2013, at 1-3 (citations to record omitted; emphasis in original; footnotes omitted).

Father filed 19 exceptions [to the July 2, 2012 Report and Recommendation].

This Court denied Father's exceptions nos. 2 through 10, 12 and 17 through 19 but granted in part Father's exceptions nos. 11, and 13 through 16. Father's no. 1 exception was moot as he withdrew same during oral argument before this Court.

Trial Court Opinion – Father ("T.C.O.F."), 3/20/2013, at 3.

Following oral argument on the exceptions, on December 7, 2012, the trial court issued a thirty-two-page opinion and order disposing of both parties' exceptions. On January 3, 2013, Mother filed a notice of appeal. On January 16, 2013, Father filed a notice of appeal. The trial court ordered both parties to file a concise statement of ...


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