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D.A.C. v. J.E.H.

SUPERIOR COURT OF PENNSYLVANIA
Feb 23, 2016
No. J-S10024-16 (Pa. Super. Ct. Feb. 23, 2016)

Opinion

J-S10024-16 No. 1942 EDA 2015

02-23-2016

D.A.C., Appellee v. J.E.H., Appellant


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Order Entered May 29, 2015
In the Court of Common Pleas of Lehigh County
Domestic Relations at No(s): DR-00-00437 PACSES 723102036 BEFORE: GANTMAN, P.J., BENDER, P.J.E., and PLATT, J. MEMORANDUM BY BENDER, P.J.E.:

Retired Senior Judge assigned to the Superior Court.

J.E.H. appeals from the trial court's order entered on May 29, 2015, that overruled his objections filed in response to D.A.C.'s request to have a foreign support order registered and confirmed by the Lehigh County Court of Common Pleas. We affirm.

In overruling J.E.H.'s objections, the trial court's order explained in pertinent part that:

The Foreign Support order entered on June 20, 2000 is hereby registered and confirmed by the Court of Common Pleas of Lehigh County. It appearing there is an arrearage in the amount of $173,425.46 which has accumulated since the entry of the order on June 20, 2000, [J.E.H.] is directed to pay a monthly sum of $574 by check or money order to Pennsylvania SCDU, P.O. box 69110, Harrisburg, PA 17106-9110 by the first day of each month.
Order, 5/26/15.

In his brief, J.E.H. lists the following issues for our review:

A. WHERE APPELLEE FIRST FILED FOR SUPPORT IN PENNSYLVANIA, APPELLANT WAS NEVER SERVED WITH NOTICE OF CHILD SUPPORT PROCEEDINGS IN WISCONSIN AND HE OTHERWISE LACKED EVEN MINIMUM CONTACTS WITH THE STATE OF WISCONSIN, DID THE TRIAL COURT COMMIT REVERSABLE [sic] ERROR BY FAILING TO SUSTAIN THE APPELLANT'S OBJECTIONS TO REGISTRATION OF THE WISCONSIN CHILD SUPPORT AWARD FOR WANT OF JURISDICTION?

B. WHERE THE APPELLEE GAVE PATENTLY FALSE TESTIMONY TO THE WISCONSIN COURT REGARDING THE PENDENCY OF CHILD SUPPORT PROCEEDINGS IN PENNSYLVANIA AND PATERNITY, DID THE TRIAL COURT COMMIT REVERSABLE [sic] ERROR BY FAILING TO SUSTAIN THE APPELLANT'S OBJECTIONS TO REGISTRATION OF THE WISCONSIN CHILD SUPPORT AWARD ON THE BASIS THAT THE ORDER WAS OBTAINED BY FRAUD?

C. WHERE THE WISCONSIN COURT FAILED TO PROVIDE ANY MEANS FOR THE INCARCERATED APPELLANT TO PARTICIPATE IN PROCEEDINGS IN WISCONSIN, DID THE TRIAL COURT COMMIT REVERSABLE [sic] ERROR BY FAILING TO SUSTAIN THE APPELLANT'S OBJECTIONS TO REGISTRATION OF THE WISCONSIN CHILD SUPPORT AWARD FOR VIOLATION OF THE APPELLANT'S DUE PROCESS RIGHTS?

D. WHERE EVEN THE APPELLEE ACKNOWLEDGED APPELLANT'S LACK OF PATERNITY IN WISCONSIN FILINGS, DID THE TRIAL COURT COMMIT REVERSABLE [sic] ERROR BY FAILING TO SUSTAIN APPELLANT'S OBJECTIONS TO REGISTRATION OF THE WISCONSIN CHILD SUPPORT AWARD ON THE BASIS THAT THE APPELLANT HAD A VALID DEFENSE TO AN AWARD OF CHILD SUPPORT?
J.E.H.'s brief at 7.

When addressing the type of issues presented by J.E.H., we are guided by the following: "In reviewing a decision concerning the registration of a foreign support order, our standard of review is whether the trial court manifestly abused its discretion or committed an error of law." Simpson v. Sinclair , 788 A.2d 1016, 1017 (Pa. Super. 2001) (citing Stewart v. Stewart , 743 A.2d 955, 956 (Pa. Super. 1999)).

We have reviewed the certified record, the briefs of the parties, the applicable law, and the thorough opinion authored by the Honorable Douglas G. Reichley of the Court of Common Pleas of Lehigh County, dated July 17, 2015. We conclude that Judge Reichley's well-reasoned opinion properly disposes of the issues that have been raised by J.E.H. Accordingly, we adopt Judge Reichley's opinion as our own and affirm the order on appeal on that basis.

Order affirmed.

President Judge Gantman joins this memorandum.

Judge Platt concurs in the result of this memorandum. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 2/23/2016

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Summaries of

D.A.C. v. J.E.H.

SUPERIOR COURT OF PENNSYLVANIA
Feb 23, 2016
No. J-S10024-16 (Pa. Super. Ct. Feb. 23, 2016)
Case details for

D.A.C. v. J.E.H.

Case Details

Full title:D.A.C., Appellee v. J.E.H., Appellant

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: Feb 23, 2016

Citations

No. J-S10024-16 (Pa. Super. Ct. Feb. 23, 2016)