D.S.E. Appellant D.S.E. Appellant
from the Order Entered December 4, 2018 In the Court of
Common Pleas of Schuylkill County Domestic Relations at
No(s): 2016-50628, 2016-50682, PACSES 241115910, PACSES
BEFORE: LAZARUS, J., MURRAY, J., and STEVENS [*] , P.J.E.
("Husband") appeals from the order, entered in the
Court of Common Pleas of Schuylkill County, denying his
exceptions to the support order entered by the trial court on
September 26, 2018. In accordance with our Supreme
Court's decision in Commonwealth v. Walker, 185
A.3d 969 (Pa. 2018), we quash the appeal.
4, 2016, C.T.E. ("Wife") filed a complaint for
child support and alimony pendente lite at docket
number 2016-50628. On May 26, 2016, Husband filed a
counterclaim for alimony pendente lite at docket
number 2016-50682. Following a support conference held on May
26, 2016, the hearing officer entered two recommended orders:
one dismissing Husband's claim for alimony pendente
lite and another requiring Husband to pay child support
to Wife in the amount of $545.80 per month.
filed a demand for a hearing at both docket numbers. On July
11, 2016, in response to a motion filed by Wife, the trial
court entered an order designating as complex the matter at
docket number 2016-50682. On October 19, 2016, Wife filed a
motion to compel discovery at docket number 2016-50682. By
order dated November 16, 2016, the trial court granted that
motion and ordered Husband to "completely and without
objection answer [Wife's] discovery requests within
twenty (20) days ... or be subject to sanctions upon further
application to [the court]." Trial Court Order, Docket
No. 2016-50682, 11/16/16. On December 15, 2016, Wife filed a
motion for sanctions, alleging that Husband's discovery
production "remains so incomplete as to be effectively
non-responsive[.]" Motion to Compel, Docket No.
2016-50682, 12/15/16. By order dated January 6, 2017, the
trial court granted Wife's motion, awarding Wife
attorney's fees, costs and expenses in the amount of $1,
050.00 and deeming Husband's income for purposes of the
support actions at $4, 388.00 per month.
hearing held on February 22, 2017, the court entered two
orders on March 2, 2017. The first, at docket number
2016-50682, dismissed Husband's petition for alimony
pendente lite, effective May 26, 2016. The other
order, at docket number 2016-50628, directed Husband to pay
child support in the monthly sum of $1, 232.00, plus
arrearages, effective May 4, 2016. On March 21, 2017, Husband
filed exceptions at both docket numbers. On June 13, 2017, by
orders entered at both docket numbers, the trial court
overruled Husband's exceptions.
10, 2017, Husband filed a notice of appeal to this Court. By
memorandum decision dated March 27, 2018, we affirmed in part
and vacated in part, remanding to the trial court "for
the limited purpose of allowing the trial court to clarify
whether the income specified for Husband in the January 2017
discovery sanction order was gross or net and to allow any
necessary recalculation of the child support award as a
result of that clarification." C.T.E. v.
D.S.E., 1107 MDA 2017 (Pa. Super, filed 3/27/18)
(unpublished memorandum decision). On May 10, 2018,
trial court entered orders at both docket numbers remanding
the matter to the master for a determination in accordance
with this Court's directive.
29, 2018, Wife filed a motion at docket number 2016-50628
seeking modification of the existing support order because
her income had "substantially decreased." Petition
for Modification of an Existing Support Order, Docket No.
2016-50628, 5/29/18, at ¶ 4. On June 25, 2018, the
master issued an order recommending that the petition for
modification be dismissed, as the remand clarification
addressing "the same matter and time frame"
remained pending. Order, Docket No. 2016-50628, 6/25/18. Wife
filed a request for a hearing de novo, to be
consolidated with the remand proceedings. On July 25, 2018,
the court granted that request. A hearing was held on August
30, 2018 and the parties thereafter submitted proposed
finding of fact and conclusions of law.
September 26, 2018, the court issued an order, filed at both
docket numbers, directing Husband to pay Wife the sum of $1,
149.00 per month in child support and dismissing
Husband's request for alimony pendente lite. The
order was based upon the recommendation of the master, who
found Husband's monthly net income to be $4, 388.00.
Husband filed exceptions to the master's report and
recommendation on October 15, 2018, which the court overruled
by order dated December 4, 2018, filed at both docket
January 3, 2019, Husband filed a single, timely notice of
appeal listing both docket numbers, followed by a
court-ordered Pa.R.A.P. 1925(b) concise statement of errors
complained of on appeal.
to reviewing the merits of Husband's appeal, we must
address the fact that he filed a single notice of appeal from
an order resolving issues relating to two different docket
numbers. The Official Note to Pennsylvania Rule of Appellate
Procedure 341 provides as follows:
Where . . . one or more orders resolves issues arising on
more than one docket or relating to more than one judgment,
separate notices of appeals must be filed. Commonwealth
v. C.M.K.,932 A.2d 111, 113 & n.3 (Pa. Super. 2007)
(quashing appeal taken by single notice of appeal from order
on remand for ...