Santo, S. v. Batterman, C.

J-A14011-25 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 Silvia Santo : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : : v. : : : Chad Batterman : No. 3258 EDA 2024 : Appellant : : Appeal from the Order Entered November 18, 2024 And the Order Entered December 6, 2024 In the Court of Common Pleas of Bucks County At No. 2024-DR-00154 BEFORE: PANELLA, P.J.E., NICHOLS, J., and FORD ELLIOTT, P.J.E. * MEMORANDUM BY PANELLA, P.J.E.: FILED MAY 21, 2025 Chad Batterman, Appellant, appeals from the orders entered on November 18, 2024 and December 6, 2024, filed by the Court of Common Pleas of Bucks County, Pennsylvania. In the November 18, 2024, Order, the trial court denied Batterman’s petition for modification of child support and denied his request for in forma pauperis status. In the December 6, 2024, Order, the trial court found Batterman in contempt for failing to pay child support although he had the financial ability to pay. ____________________________________________ • Retired Senior Judge assigned to the Superior Court. J-A14011-25 Batterman filed a “STATEMENT OF ERRORS COMPLAINED OF ON APPEAL” on January 2, 2025 in the trial court, and stated that he was requesting review of the November 18, 2024 Order. This statement is five pages and contains 27 paragraphs in a rambling, incohesive fashion. Batterman filed a second statement on January 7, 2025, addressing the Order of December 6, 2024. This statement is eight pages long with 49 paragraphs and is mostly confusing and incoherent, raising issues which date back to the inception of the support actions and not related to the issues addressed in the December 6, 2024 Order. Pennsylvania Rule of Appellate Procedure No. 1925(b) requires, when ordered by the trial court, “a concise statement” of the errors complained of on appeal. A concise statement which is too vague to allow the trial court to identify and address the issues on appeal is the functional equivalent of no concise statement. Statements which are too lengthy create confusion for the trial court, and inhibit meaningful review. Pursuant to our Rules of Appellate Procedure, an appellant “shall set forth only those errors that the appellant intends to assert” in the concise statement of matters complained of on appeal. Pa.R.A.P. 1925(b)(4)(i). Moreover, an appellant’s 1925(b) statement “shall concisely identify each error that the appellant intends to assert with sufficient detail to identify the issue to be raised for the judge[,]” and it “should not be redundant or provide lengthy explanations as to any error.” Pa.R.A.P. 1925(b)(4)(ii), (iv). Any -2- J-A14011-25 issues “not raised in accordance with the provisions of [Pa.R.A.P. 1925(b)(4)] are waived.” Pa.R.A.P. 1925(b)(4)(vii). Batterman’s brief is largely nonsensical and lacks conformity with the Rules of Appellate Procedure. The caption of Batterman’s brief states that he is appealing the November 18, 204 Order, however, on page 1 of the brief, in Section II, “ORDER OR OTHER DETRMINATION IN QUESTION” he cites the December 6, 2024 Order. In Section VI, “SUMMARY OF ARGUMENT & APPELLANT’S ARGUMENT” he addresses the November 18, 2024 Order. Even applying a liberal construction of the brief due to his self-represented status does not remedy many of the brief’s inadequacies, thereby precluding meaningful appellate review. Despite these deficiencies, which could have resulted in this appeal being quashed, we elected to review the merits of Batterman’s arguments, as best we can discern them. Following this review, we find that the trial court, per the well-written and comprehensive Opinion filed by the Honorable James M. McMaster on February 3, 2025, thoroughly analyzed the issues and correctly concluded that the aforementioned Orders should be affirmed. Accordingly, we affirm on the basis of the trial court’s opinion dated February 3, 2025, which is attached hereto. The Prothonotary is directed to remove this case from the Argument List of June 3, 2025. Orders affirmed. -3- J-A14011-25 Date: 5/21/2025 -4- — 11 — Circulated 05/19/2025 01 :41 PM Circulated 0rt 0X 05/19/2025 01:41 PM V' OU . I- (t%.mck- dEd IN THE IN THE COURT COURT OF OF COMMON COMMON PLEAS PLEAS OF OF BUCKS BUCKS COUNTY, COUNTY, PENNSYLVANIA PENNSYLVANIA FAMILY DIVISION FAMILY DIVISION SILVIA SANTO SILVIA SANTO NO.: 2024-DR-00154 NO.: 2024- DR- 00154 Appellee Appellee +, ;I v. V. PACSES:267116855 PACSES:267116855 ,,i BATTERMAN CHAD BATTERMAN CHAD Appellant Appellant I OPINION OPINION Appellant, Chad Appellant, Chad Batterman Batterman("("Father), pro se, moving pro Father"), moving from two appeals from se, appeals two i orders by by this this Court. Court. The The first first isis an an Order Order entered entered by by this this Court Court on on November November i orders :1 18,2024 18, 2024denying denyingboth bothFather's Father'sPetition Petitionfor forModification Modificationof ofSupport Supportand andInInForma Forma lj PaperisPetition. Pauperis Petition.The Thesecond secondappeal appealisisfrom fromthe theOrder Orderdated datedDecember December6,6,2024, 2024, !1 which found which found Father Father inin contempt. contempt. For For the the reasons reasons discussed discussed below, below, we we I recommendour recommend ourOrders Ordersbebeaffirmed. affirmed. !i BACKGROUND BACKGROUND Mother,Silvia Mother, SilviaSanto Santo("Mother") ("Mother")and Fatherare andFather arethe thenatural naturalparents parentsofoftwo two minorchildren: minor children:C.B., C.B.,born bornon October 4]2015 onOctober#* 2015and andD.B., D.B.,born bornononOctober $ OctoberIs li I. 2017. 2017. This case This case was was bought bought inin Bucks Bucks County County byby being being·transferred transferred from from Court ofofCommon County Court Philadelphia County Philadelphia Common Pleas. Pleas. AAPhiladelphia Philadelphia Order Orderdated dated [/ 26,2023 September26, September 2023directed directedFather Fathertotopay $674.48per pay$ 674.48 permonth monthplus plus$ 51.00 $51.00inin arrears.Through arrears. ThroughananOrder Orderdated datedApril 25,2024, April25, 2024,this thisCourt Courtregistered registeredthe the : l OrderNumber SupportOrder ForeignSupport Foreign Number17-01602 17-01602issued issuedbybythe thePhiladelphia PhiladelphiaCounty County 1\ Courteffective Court effectiveAugust 23,2023, August23, 2023,which whichdirected directedFather Fathertotopay pay$674.48 $674.48per per month month forfor thechildren, the children,with witharrears arrearsofof$28,575.23. $28,575.23. — 22 — On June 20, 2024, a Petition for Contempt was filed Father. As of against Father. As of On June 20, 2024, aPetition for Contempt was filed against that date that totaled $$29,924.19. arrears totaled date arrears 29,924.19. Father filed a Father filed modification petition a modification on August petition on 2, 2024. August 2, 2024. Father filed his petition for in formapauperis Father filed his petition for in forma on November 7, 2024. pauperis on November 7, 2024. Father filed his first appeal on December 5, 2024, from the Order dated Father filed his first appeal on December 5, 2024, from the Order dated November 18, 2024 in which this Court denied Father's Petition for Modification November 18, 2024 in which this Court denied Father's Petition for Modification of Support and of Support the to denied the and denied Forma Pauperis In Forma Pauperis Petition, 2024. The Petition, 2024. also Order also The Order directed the Bucks County Domestic Relations Section to issue an Order for the directed the Bucks County Domestic Relations Section to issue an Order for the Release from the Information from Release ofof Information Firm ofof Leonard Law Firm the Law Sciolla and Leonard Sciolla Zurich and Zurich American Insurance Company InstituteInsurance AmericanInstitute informationregarding forinformation Companyfor lawsuits and regardinglawsuits and settlement proceedson settlementproceeds behalfofoforormade onbehalf Father. availabletotoFather. madeavailable Father's second appeal was filed December 16, 2024, from an Order dated Father's second appeal was filed December 16, 2024, from an Order dated December 6, 2024 in which this Court found Father in contempt for willfully December 6, 2024 in which this Court found Father in contempt for willfully failingtotopay failing paythe orderedamount courtordered thecourt havingthe whilehaving amountwhile financialability thefinancial pay. abilitytotopay. Fatherwas Father BucksCounty remandedBucks wasremanded Facilityfor CorrectionalFacility CountyCorrectional sixmonths forsix effective monthseffective December withaapurge 2024with December6,6,2024 purgeamount $25,000.00,which amountofof$ 25,000.00, immediately wasimmediately whichwas paid. paid. ij — 11 — STATEMENT OFMATTERS STATEMENTOF COMPLAINEDOF MATTERSCOMPLAINED APPEAL ONAPPEAL OFON Father filed both of his Concise Statement of Matters Complained of on Father filed both of his Concise Statement of Matters Complained of on Appeal R.A.P.1925(b). requiredbybyPa.Pa.R.A.P. Appealasasrequired 1925(b).We respectfullysuggest Werespectfully appeals bothappeals suggestboth I[ bebe quashedasasaclear quashed violationofof a clearviolation Rule 1925(b). Rule1925(b). i! — 33 — : A. Appeal from Order Dated November 18, 2024 A. Appeal from Order Dated November 18, 2024 In Father's In Father's first first appeal appeal of of the the Order Order dated dated November November 18, 18, 2024, 2024, this this Court Court points out points out that that this this Statement Statement is is not not concise. concise. ItIt is is attached attached as as Exhibit Exhibit A. The A. The body of body of itit isis 5 5 pages pages and and 27 27 paragraphs paragraphs long long plus exhibits. ItIt isis a plus exhibits. a redundant redundant statement in statement in violation violation of of Pa. Pa. R.A.P. R.A.P. 1925(b)(4)(i)(ii)(iv). We respectfully 1925(b)(4)(i)(ii)(iv). We respectfully suggest suggest that his that his appeal appeal be be quashed quashed as as a a clear clear violation violation of ofRule Rule 1925(b). 1925(b). B. Appeal B. Appeal of ofthe the Order Orderdated dated December December 6,6, 2024 2024 InFather's In Father's second second Concise Concise Statement StatementofofMatters Matters Complained Complainedof ofon onAppeal Appealofof the Order Order dated dated December December 6,6, 2024, 2024, this this Court Court points points out out the the Statement Statement isis 88 I the i and49 pagesand pages 49paragraphs paragraphslong plusexhibits. longplus exhibits. Similarly, Similarly,ititisisviolation violationofofPa. Pa.R.A.P. R.A.P. j Werespectfully 1925(b)(4 )(i)(ii)(iv).We 1925(b)(4)(i)(ii)(iv). respectfullysuggest thathis suggestthat hisappeal bequashed appealbe quashedasasaaclear clear ; violation ofof Rule violation Rule 1925(b). 1925(b). Father's Father's second second Concise Concise Statement Statement ofof Matters Matters I , Complainedofofon Complained onAppeal forhis Appealfor hisappeal appealofofthe theOrder OrderDecember December6,6,2024 2024order orderisis Ij attached attachedasasExhibit ExhibitB.B. !I i If the combined appealsare If the combined appeals arenot notquashed webelieve quashedwe believethat thatFather's Father'sappeals appeals I i compriseofofthree comprise threecomplaints: ourdenial complaints:( 1)(1)our denialofofFather's Father'sPetition Petitionfor forModification Modification ofofSupport, ourdenial Support,(2)(2)our denialofofFather's Father'sPetition forInInForma Petitionfor FormaPauperis, Pauperis,and and(3)(3)our our decisiontotofind decision findFather Fatherinincontempt. contempt. l! STANDARD STANDARDOF OFREVIEW REVIEW InInreviewing childsupport reviewingchild orders,appellate supportorders, appellatecourts courtsemploy employananabuse abuseofof discretionstandard standardofof Colonnav. v.Colonna, review.Colonna Colonna,855 855A.2d A.2d648, 648,652 652 (Pa.2004). 2004). j] discretion review. (Pa. ForInInForma For ForaPauperis thestandard petitions,the Pauperispetitions, standardis iswhether whetherthe thetrial trialcourt court — 44 — i. ' committed an abuse of discretion or an error of law. D.R.M. v. N.K.M., 153 A.3d committed an abuse of discretion or an error of law. D.R.M. v. N.KM., 153 A.3d I ; 348, (Pa. Super. 350-51 (Pa. 348, 350-51 Lastly, in 2016). Lastly, Super. 2016). in determining determining appeals from contempt, appeals from contempt, the Superior the will reverse Superior will only upon reverse only a showing upon a of an showing of abuse of an abuse Diamond discretion. Diamond of discretion. v.v. Diamond, 792 A.2d Diamond, 792 597, 600 A.2d 597, Super. 2002). (Pa. Super. 600(Pa. 2002). An abuse of An abuse exists discretion exists of discretion l when the trial court has rendered a decision or ajudgment which isis manifestly when the trial court has rendered a decision or a judgment which manifestly 11 unreasonable, arbitrary, unreasonable, or capricious, arbitrary, or has failed capricious, has to apply failed to the law, apply the law, or was or was h1) motivated partiality, prejudice, by partiality, motivated by bias or prejudice, bias will. Conway orillill will. Conway v.v. Conway, 209 A.3d Conway, 209 A.3d l i I I 367, 371 367, Super. 2019). (Pa. Super. 371(Pa. 2019). DISCUSSION DISCUSSION Father appeals Father orders issued two orders appeals two this Court. from this issued from The first Court. The Order an Order first isis an ii l enteredby entered thisCourt bythis onNovember Courton 2024denying 18,2024 November 18, denyingboth Father'sPetition bothFather's for Petitionfor ii ModificationofofSupport Modification andthe Supportand FormaPauperis theInInForma Petition.The PauperisPetition. Thesecond appeal secondappeal [ i is from the Order dated December 6, 2024, in which this Court found Father in is from the Order dated December 6, 2024, in which this Court found Father in I i contempt.Concluding contempt. Concludingthe daysofofhearings multipledays themultiple case,we thiscase, hearingsononthis Mr. foundMr. wefound I Battermanwas Batterman notaacredible wasnot witness. crediblewitness. !I II A.A.Order November18, DatedNovember OrderDated 2028 18,2028 forModification Petitionfor 1. 1.Petition Support ModificationofofSupport Father's PetitionforforModification Father'sPetition Supportwas ModificationofofSupport filedononAugust wasfiled 2024.ByBy August2,2,2024. Order November18,18,2024, datedNovember Orderdated Courtdenied thisCourt 2024,this Father'sPetition. deniedFather's Generally, Petition.Generally, child is based on the parties' monthly net incomes. Pa. R.C.P. 1910.16- supportis based on the parties' monthly net incomes. Pa. R.C.P. 1910.16- child support ii 2. Support 2. Support law defines "income" to include income from any source. 23 Pa. C.S.A. law defines "income" to include income from any source. 23 Pa. C.S.A. 4302. This includes, but is not limited to wages, salaries, bonuses, fees, g§4302. This includes, but is not limited to wages, salaries, bonuses, fees, commissions, net income from business or dealings in property, interests, rents, commissions, net income from business or dealings in property, interests, rents, — 5 — royalties, and dividends, pensions and all forms of retirement, Social Security royalties, and dividends, pensions and all forms of retirement, Social Security disability benefits, Social Security retirement benefits, temporary and permanent disability benefits, Social Security retirement benefits, temporary and permanent disability benefits, workers' compensation, and unemployment compensation; as disability benefits, workers' compensation, and unemployment compensation; as well as other entitlements to money or lump sum awards, without regard to well as other entitlements to money or lump sum awards, without regard to source, including lottery winnings, income tax refunds, insurance compensation source, including lottery winnings, income tax refunds, insurance compensation it or settlements, awards and verdicts, and payments due to and collectible by an ! or settlements, awards and verdicts, and payments due to and collectible by an 'I individual regardless of source. Pa. R.C.P. 1910.16-2(a). The only items eligible individual regardless of source. Pa. R.C.P. 1910.16-2(a). The only items eligible i I I for deduction to arrive at the accurate monthly net income are federal, state, and for deduction to arrive at the accurate monthly net income are federal, state, and I local income taxes; unemployment compensation taxes and Local Services local income taxes; unemployment compensation taxes and Local Services Taxes; F.I.C.A. payments and non-voluntary payments; mandatory union dues; Taxes; F.I.C.A. payments and non-voluntary payments; mandatory union dues; and alimony paid to the other party. Pa.R.C.P. 1910.16-2(c). and alimony paid to the other party. Pa.R.C.P. 1910.16-2(c). In determining a party's ability to provide support, the focus is on earning In determining aparty's ability to provide support, the focus is on earning capacity rather than on the parent's actual earnings. Calibeo v. Calibeo, 663 A.2d capacity rather than on the parent's actual earnings. Calibeo v. Calibeo, 663 A.2d 184 (Pa. Super. 1995). When a party willfully fails to obtain, or fails to maintain 184 ( Pa. Super. 1995). When a party willfully fails to obtain, or fails to maintain appropriate employment, the courts may impute to the party an income equal to appropriate employment, the courts may impute to the party an income equal to that that party's earning party'searning capacity. Pa. R.C.P. 1910.16-2(4)(); Portugal v. Portugal, 798 capacity.Pa. R.C.P. 1910.16-2(4)(i); Portugal v. Portugal, 798 A.2d 246, 250 (Pa. Super. 2002). In determining earning capacity, the court must A.2d 246, 250 (Pa. Super. 2002). In determining earning capacity, the court must look not to what the spouse could theoretically earn, but what they could look not to what the spouse could theoretically earn, but what they could realistically realistically earn earn considering considering eachparry's: each party's: (A)(A) Child Child care care responsibilities responsibilities and and expenses; expenses; (B) Assets; (B) Assets; (C)(C) Residence; Residence; (D) Employment (D) Employment and and earnings earnings history; history; [l (E) (E) Job skills; Job skills; I I (F) Educational (F) Educational attainment; attainment; (G) Literacy; (G) Literacy; (H)(H) Age; Age; 5 — 66 — I (I) Health; (J) Criminal record and other employment (J) employment barriers; barriers; (K) Record (K) Record of of seeking work; seeking work; (L) Local (L) Local jobjob market, market, including including the the availability of employers availability of who are employers who are willing willing to hire the to hire the party party;; (M) Local (M) Local community community prevailing prevailing earnings level; and earnings level; and (N) Other relevant factors (N) Other relevant factors Pa.R.C.P. Pa. R. C . P. 1910.16-2(d)(4). 1910.16-2(d)(4). As to As to Father's Father's Petition Petition for for Modification Modification of of his his support Rule obligation, Rule support obligation, 1910.19 provides 1910.19 provides that that a a petition petition for for modification modification or or termination termination of of an an existing existing support order support order shall shall specifically specifically aver aver the the material material and and substantial substantial change in change in circumstances upon circumstances upon which which the the petition petition isis based. based. The The burden burden of of proof proofisis on on the the I I, i: I petitionerwho petitioner who seeks seeks to to modify or terminate modify or terminate the the order. Jeske v.u. Jeske, order. Jeske Jeske, 423 423 A.2d A.2d i 1063(Pa. 1063 (Pa. Super. Super. 1981). 1981). Rule Rule 1910.19(c) 1910.19(c) allows allowsthe the Court Courttotomodify orterminate modifyor terminate the existing the existing support support order order inin any any appropriate appropriate manner manner based based on on the the evidence evidence withoutregard presentedwithout presented regardtotowhich whichparty partyfiled filedthe thepetition formodification. petitionfor modification.IfIfthe the court determines court determines there there has has been been aa material material and and substantial substantial change change inin circumstances, the circumstances, the order ordermay maybe beincreased increased orordecreased decreasedbased basedon onthe theparties' parties' respectivemonthly respective netincomes, monthlynet incomes,consistent consistentwith withthe thesupport supportguidelines, guidelines,existing existing i· law,and law, andPa. Pa.R.C.P. R.C.P.No. No.1910.18(d), andthe 1910.18(d),and theparty's party'scustodial custodialtime timewith withthe thechild child atatthe thetime timethe themodification modificationpetition petitionisisheard. heard.We Wehave haveexplained explainedwhy whyFather Father failedtotomeet failed meethis hisburden burdenbelow. below. Father'searning Father's earningcapacity wasdetermined capacitywas determinedbybythe thePhiladelphia PhiladelphiaCounty County CourtofofCommon Court CommonPleas. Pleas.The TheSupport GuidelineCalculation SupportGuideline Calculationassessed assessedFather Fathertoto haveaatotal have totalgross earningofof$3,000 monthlyearning grossmonthly $3,000and andaanet netmonthly monthlyincome incomeofof $2,018.91.AtAtthe $2,018.91. thetime timeofofthe thePhiladelphia PhiladelphiaCounty's County'sdetermination, determination,the thechild child support calculationwas supportcalculation was$686.00. $686.00. ii — 77 — The conference The conference officer officer proposed proposed to to increase increase Father Father earning earning capacity from capacity from $36,000 a $36,000 a year year to to $$52,000 a year. 52,000 a NT 11 year. N.T. 11/18/2024, 44. 4-6. p. 44. / 18 /2 024, p. 4-6. Father Father owned owned a a software development software development company company and and was was given given earning earning capacity based on capacity based on the the guideline calculation guideline calculation for for a a computer computer information information occupation. NT 11 occupation. N.T. 11/18/2024, / 18/2024, p. 44. p. 44.8-11. Father went 8-11. Father went to to Northeastern Northeastern University University and and has has a a bachelor's bachelor's degree degree in management in management marketing. NT 11/18/2024, marketing. N.T. 11/18/2024, p.p. 62. 62. 17-21. 17-21. Prior Prior to to owning the owning the software development software development company, company, Father Father did did facilities facilities and and operations, for operations, for conferencecenters conference centershis hisparents parentsown ownand andoperate. operate. N.T. N.T 1111/18/2024, 44. 19-21. / 18/2024, p.p. 44.19-21. )j JI Thefacility The facilityisis 33- 33-acres with 20 acres with 20 buildings buildingson onthe theproperty. property. Id. Id. atat 25; 25; Id. Id. p.p.61. 61. 3.3. Fatherargues Father arguesthat thatthe thefacilities facilitiesand andoperations operationswould wouldbring bringthe theearning earningcapacity capacity iI ! downtotowhat down whathe hewould wouldhave havethe theability abilitytotoearn. earn.Id. Id.atat21-22. 21-22.Facilities Facilitiesoperations operations included setting up chairs for the conference center, making sure everythingwas included setting up chairs for the conference center, making sure everything was cleaned and organized, and sure the sleeping accommodations were making sure the sleeping accommodations were cleaned and organized, and making j !i I] !l ready. N.T. 11l l/ ready.N.T. 18/2024,p.p.60. / 18/2024, 60.21-23. 21-23. •I InInorder orderfor forthis thisCourt Courttotomodify Father'ssupport modifyFather's supportobligation, obligation,Father Fatherhad had ii totoshow showthere therewas wasaasubstantial substantialchange changeinincircumstance. circumstance.Father Fatherhas hasallegedly allegedly li 11 notreceived not receivedany anyincome incomeininnumerous numerousyears. years.N.T. NT.8/2/2024, 8/2/2024,p.p.24. 24.7-9. 7-9.Father Father hasnot allegedlyhas allegedly notbeen beenable abletotowork workdue duetotomultiple multipleinjuries injuriessince since2019. 2019.N.T. N .T . 8/2/2024,p.p.8.8.4-5. 8/2/2024, 4-5. Wemention mentionFather's Father'smost mostrecent recentcomplaints complaintsabout abouthis hisalleged allegedback backinjury injury ,, We ,!I, i andchest. and chest.Father Fatherappears appearstotohave havevisited visitedaavariety varietyofofdoctors, doctors,and andyet yetthere thereis is nonoexplanation explanationofof Father'sconditions Father's conditionsororwhy whyheheis isnot notable abletotowork. work.While WhileFather Father hadsubmitted had submittedPhysician VerificationForms PhysicianVerification Forms {PVF),they (PVF), theywere werebased basedononFather's Father's — 88 — self-reporting self- of his reporting of his multiple alleged injuries multiple alleged injuries and and not not objective objective testing results. testing results. i The PVF The PVF for for Father's Father's back back by by Dr. Dr. Douglas Douglas Sutton, Sutton, states states that that itit is is unknown unknown as as to when to when father father will will be be able able to to return return to to work work or or what his limitations what his limitations are, are, dated dated September 12, September 12, 2024. 2024. Dr. Dr. Hal Hal Hockfield Hockfield states states in in his his PVF PVF dated dated August 20, 2024, August 20, 2024, that that that that itit isis unknown unknown as as to to when when father father will will be be able able to to return return to to work work or or what what are his are his limitations. limitations. As As to to father's father's chest chest complaints, complaints, on on October October 25, 25, 2024, 2024, Dr. Dr. John Dudzinski John Dudzinski states states itit isis unknown unknown as as to to Father's Father's date date to to be be able able to to return return toto work and work and his his limitations limitations will will be be determined determined after after testing. In another testing. In another PVF PVF from from Dr. Zakrzewski Dr. Zakrzewski dated dated October October 22, 22, 2024 2024 states states Father Father has has aamedical medical condition condition that affects that affects his his ability ability toto earn earn an an income income with with an an unknown unknown end end date, date, itit isis 'i unknownwhen unknown whenfather fatherwill willbe beable abletotoreturn returntotowork workororwhat whatthe thelimitations limitationsare, are, buthe but heisisseeing seeingaaspecialist specialistininortho orthoand andcardiology. cardiology. Fatherapplied Importantly,Father Importantly, forSocial appliedfor SocialSecurity Securitydisability disabilitybenefits benefitsbut butwas was denied. N.T. denied. N.T, 88/2/2024, 31. 15-19. /2 /2024, p.p. 31. 15-19. Father Fatherdid did not notappeal appeal the thedenial. denial. N.T. N.T. 1111/18/2024, 45.3-4. / 18/2024, p.p.45. 3-4.InInresponse responsetotoFather's Father'sSocial SocialSecurity Securitydenial, denial,Father Father stated,"I stated, "Idon't don'thave haveaadisability, disability,that's that'scorrect." correct."N.T. NT.8/2/2024, 8/2/2024, p.p.31. 31.18. 18. In Father's Petition for Modification, this court determined that denyingFather's Petition for Modification, this court determined that In denying Mr.Batterman Mr. Battermanwas wasnot notaacredible crediblewitness witnessand andintentionally intentionallydeceived deceivedthe theCourt Court andhis and hisdoctors doctorsabout abouthis hisability abilitytotowork. work.Father Fatherhas hasprevious previousexperience experienceinin owningaasoftware owning softwaredevelopment company,which developmentcompany, whichthe theguideline guidelinecalculation calculationset set !I ij Father'searning Father's capacitytotobebeatat$ 3,000.00 earningcapacity $3,000.00aamonth. month.HeHealso alsohas hasexperience experience workingforforhis working hisparents' conferencecenter. parents'conference center.Since Sincethe theorder orderwas wasentered, entered,Father Father I,,. hasnot has notshown shownaasubstantial substantialchange changeinincircumstances. circumstances.AsAsaamatter matterofof fact,there fact, there !I Ii Il :! — 99 — has not been any change at all. Father is still complaining of multiple injuries. Father is stating he is unable to work, but none of the Physician Verification Forms confirm that that he is unable to work, instead they they state that that it is unknown j i as to to when when Father Father may may return return to to work. work. For For the the stated stated reasons, we denied reasons, we denied Father's Father's Petition for Petition for Modification Modification of of Support. Support. Therefore, Therefore, our our Order Order dated dated November November 18, 18, 2024 2024 should should be be affirmed. affirmed. 2. 2. Petition Petition for for In In Forma Forma Pauperis Pauperis The next The next part part of of our our Order Order dated dated November November 18, 18, 2024 2024 Father Father isis appealing appealing is this is this Court's Court's denial denial of of Father's Father's Petition Petition for In Forma for In Forma Pauperis. Pauperis. According to According to Ii i I Pennsylvania Rules Pennsylvania Rules of of Civil Civil Procedure Procedure 240, 240, the the rule rule applies to all applies to all civil civil actions actions ! and proceedings and proceedings except except actions actions pursuant pursuant to to the the Protection Protection From From Abuse Abuse Act Act and and Protection of Protection of Victims Victims of of Sexual Sexual Violence Violence or or Intimidation Intimidation Act. Act. Pa. Pa. R.C.P. R.C.P. 240. 240. A A party who party who isis without without financial financial resources resources toto pay the costs pay the costs of of litigation litigation isis entitled entitled to proceed to forma pauperis. proceed ininforma pauperis. Pa. Pa. R.C.P. R.C.P. 240(b). The affidavit 240(b). The affidavit inin support of a support of a petition for petition forapauperis for ininforma pauperis shall shall include: include:( (1) 1) II am am the the(plaintiffl (defendant) inin (plaintiff)(defendant) the above the above matter matter and and because because of ofmy my financial financial condition condition am am unable unable toto pay pay the the fees and fees and costs costs ofof prosecuting or defending prosecuting or the action defending the action or or proceeding; proceeding;(2) (2) II am am unable totoobtain unable obtainfunds fundsfrom fromanyone, anyone, including myfamily includingmy familyand andassociates, associates, totopay pay the costs the costsofoflitigation; litigation; and and(3) (3) II represent representthat thatthe theinformation informationbelow belowrelating relatingtoto abilitytoto pay myability my the fees paythe fees and and costs costs isistrue true and and correct. correct. Pa. Pa. R.C.P. R.C.P. 240(h). 240(h). The The mere filing mere filing ofof aa petition for ininforma petition for formapauperis status will pauperis status will not not automatically automatically establishthe establish thepetitioner's righttotoproceed petitioner'sright proceedininthat thatstatus. status. Nicholson Nicholsonv.v.Nicholson, Nicholson, 371A.2d 371 A.2d 1383, 1383, 1384 1384(Pa. (Pa.Super. 1977).The Super. 1977). Thetrial courtmust trialcourt mustsatisfy satisfyitself itselfofofthe the II truth of the averment of inability to pay. Id. The trial court has considerable truth of the averment of inability to pay. Id. The trial court has considerable discretion in determining whether a person is indigent for purposes of an discretion in determining whether a person is indigent for purposes of an application to proceed in forma pauperis, however, in making that determination, application to proceed in forma pauperis, however, in making that determination, it must focus on whether the person can afford to pay and cannot reject it must focus on whether the person can afford to pay and cannot reject allegations an application in an allegations in without conducting application without a hearing. conducting a Commonwealth V.v. hearing. Commonwealth Cannon, 954 A.2d 1222, 1226 (Pa. Super. 2008) (citing Amrhein v. Amrhein, 903 Cannon, 954 A.2d 1222, 1226 (Pa. Super. 2008) (citing Amrhein v. Amrhein, 903 [l :l [ A.2d 17, 19 A.2d 17, (Pa. Super. 19 ( Pa. 2006)). Super. 2006)). i y Father appeals this Court's denial of his Petition for In Forma Pauperis in i Father appeals this Court's denial of his Petition for In Forma Pauperis in Order dated November Orderdated 18, 2024. November 18, filedhis Fatherfiled 2024. Father Petitionfor his Petition Pauperis FormaPauperis forInInForma I on November 7, 2024. This Court held a hearing on Father's petition on on November 7, 2024. This Court held a hearing on Father's petition on November18, November Basedon 2024.Based 18,2024. providedduring testimonyprovided ontestimony thehearing, duringthe Court thisCourt hearing,this foundFather found thefinancial withthe Fatherwith resourcestotopay financialresources thecosts paythe litigationand costsofoflitigation not andnot entitled proceedininforma entitledtotoproceed pauperis. formapauperis. This Court out Father lives at a business owned by his parents, pointsout Father lives at a business owned by his parents, This Court points withaaconference with andaacorporate centerand conferencecenter corporateretreat whereFather centerwhere retreatcenter get canget Fathercan food, but he is not for the food, the business does. N.T. 11/18/2024, p. payingfor the food, the business does. N.T. 11 / 18/2024, p. food, but he is not paying 53.11-16. 53. thesame Thisisisthe 11-16.This whereFather businesswhere samebusiness previouslyworked. Fatherpreviously Father's worked.Father's coverhis parentscover parents u till tiesand rent,utilities hisrent, living.N.T. costsofofliving. andcosts 13-17. 8/2/2024,p.p.7.7.13-17, N. T.8/2/2024, Father stated he had travel expenses. N.T8/11/2024, p. 14. 15-18. Similarly,Father stated he had travel expenses. N.T. 8/11/2024, p. 14. 15-18, Similarly, Fatherstated, Later,Father Later, don'thave stated," I"Idon't -- --Idon't have 1 have I don thave I don'tpay -- --Idon't expenses.II anyexpenses. payany haveaccess have oneofofmy accesstotoone father'svehicles myfather's nowand everynow vehiclesevery then,but andthen, there'snono butthere's that expensesthat expenses Iincur forfor I incur using using that that vehicle." Id.Id.atat vehicle." 20-23. 20-23. The The rule statesin forma rulestates in forma pauperis pauperis areforfor petitionsare petitions a party aparty who is is who without without any any financial financial resources. AsAs resources. part part — 1111 — I — 1212 — injury settlement injury settlement and and he he was was deliberately deliberately failing to finalize failing to finalize his his settlement settlement to to avoid avoid paying his paying his support support or or the the costs costs of of his his extensive extensive court court proceedings. proceedings. This Court This Court determined determined Father Father was was capable of gainful capable of gainful employment. employment. By By Order dated Order dated August 2, 2024 August 2, 2024 Defendant Defendant was was handed handed job search forms job search forms during the during the hearing. Father's hearing. Father's response response for for not not filling filling out out the the Job Job Search Search Forms Forms was, "I have was,"I have no idea no idea what what to to do do with with that. that. I I was was handed handed it. it. Your Your Honor Honor said said you were just you were just concerned ififI concerned I was was able able to to work. I've never work. I've never received received one one before. before. I I had had no no idea idea that that I was I was supposed supposed to to do do anything anything with with that." N.T.8/16/2024, that." N.T. 12. 4-8. p. 12. 8 /1612024, p. 4-8. As As a a this Court response, this response, Court entered entered another another Order Order dated dated August 16, 2024, August 16, 2024, stating stating Defendant was Defendant was provided provided with with Job Job Search Search Form Form and and isis to to be be completed and completed and providedat provided atthe therescheduled rescheduledhearing. Accordingtotothe hearing. According theJob JobSearch SearchForms, Forms,Father Father applied toto Home applied HomeDepot, Lowe's, Target, Depot, Lowe's, andBest Target, and BestBuy, Buy, even even though he believed though he believed he could he could not not work, work, lift, lift, or or bend. N.T. 111/4/2024, bend. N.T. 1/ 15. 16-18. p. 15. 4 /2024, p. 16-18. InIn response, response, ' ! Fatherstated, Father stated," I "Idon't don'thave havetoto----what's what'stotosay sayIIcan't can'tsit sitdown downatatHome HomeDepot? Depot? i Youcan You canbe beaagreeter greeteratatHome HomeDepot. Depot.You Youcan canwork workinincustomer customerservice, service,sitting sitting onaachair on chairininHome HomeDepot. Depot.They Theyhave have---- they theycomply complywith withthe theU.S. U.S.Disabilities Disabilities Act.There's Act. There'sdisabled disabledindividuals individualsworking there,and workingthere, andI'm I'mdisabled disabledthe thesame." same."N.T. N.T. 11L/4/2024, 1/ 15.22-25; 4 /2024, p.p. 15. 22-25;p.p. 16. 16.1.1. ThePhysician The VerificationForms PhysicianVerification Formsdodonot notstate stateFather Fatherisisunable unabletotowork workinin position,atataacomputer. sedentaryposition, sedentary 11/4/2024,p.p.27. computer.11/4/2024, 27.22-25. 22-25.InInthe thehearing hearingdated dated August 2024,Father August2,2,2024, Fatherwas wasable abletotocarry carryaaUnited UnitedStates StatesPostal PostalService ServiceBox Boxand and 8/2/2024,p.p.33. backpack.8/2/2024, backpack. 5-7.During 33.5-7. Duringanother anotherhearing, hearing,Father Fatherwas wasable abletotositsit atathis hiscomputer andtype computerand fastwithout typefast withoutany anyissues. 11/18/2024,p.p. 107. issues. 11/18/2024, 1-2. 107. 1-2. — 1313 — Father was Father was able able to to stand stand without without an an issue. issue. Id. at 2-3. Id. at 2-3. Father Father was was able able to to carry around a a box, clearly showing like there was not an issue with bending or lifting objects. objects. Id. Id. at at 4-6. 4-6. Concluding the hearing, Concluding hearing, this Court Court determined determined that that Father Father was was not not indigent indigent and denied and denied his his application application to to proceed informa proceed in forma pauperis. Father was pauperis. Father was determined determined ! to be to be able able to to afford afford to to pay pay for for the the cost cost of of the the litigation. This Court litigation. This Court found found Mr. Mr. I j Batterman was Batterman was not not a a credible credible witness. witness. N.T. NT, 12/6/24, 12/6/24, P. 30. 19-20. p. 30. 19-20. We We believe believe Mr. Batterman Mr. Batterman was was intentionally intentionally deceiving deceiving the the Court Court and and his his doctors doctors about about his his ,I ability to ability to work. work. N.T. N.T. 12/6/24, 12/6/24, p. p. 30. 30. 20-21. 20-21. The Te evidence evidence suggests that he suggests that he isis continuing to continuing to work work for for the the business business his his parents own and parents own and they are compensating they are compensating him for him for his his work work by by paying paying all all of of his his expenses expenses for for him. him. For For the the stated stated reasons, reasons, we denied we denied Father's Father's Petition Petition for for In In Forma Forma Pauperis. Pauperis. Therefore, Therefore, our our Order Order dated dated November 18, November 18, 2024 2024 should should be be affirmed. affirmed. B. Contempt B. Contempt Order OrderDated Dated December December 6, 6, 2024 2024 Father's second Father's second appeal appeal isis to to this this Court's Court's Order Order dated dated December December 6,6, 2024 2024 where we where we found found Father Father inin contempt. Under Pennsylvania contempt. Under Pennsylvania law, law, a a person who person who fails toto comply willfully fails willfully with any complywith any order orderunder under this this chapter chapter may may be be adjudged adjudged inin contempt. 23 contempt. 23 Pa. Pa. C.S.A. C.S.A. §§4345(a). 434S(a). Contempt Contemptshall shallbe be punishable punishable by byany anyone oneor or moreofofthe more thefollowing: following:( (1) foraaperiod Imprisonmentfor 1) Imprisonment periodnot nottotoexceed exceedsix sixmonths; months;(2) (2) Afine A finenot nottotoexceed exceed$$1,000; Probationfor (3)Probation 1,000; (3) foraaperiod nottotoexceed periodnot exceedone oneyear. year.Id. Id. ij order committing An order An committing aa defendant defendant totojail under this jail under this section section shall shall specify specify the the conditionthe condition thefulfillment fulfillmentofofwhich whichwill willresult resultininthe therelease releaseofofthe theobligor. obligor.23 23Pa. Pa. C.S.A.§§4345(b). C.S.A. 4345(b). To Tobe be found found inincivil civilcontempt, contempt, aaparty partymust musthave haveviolated violatedaa l court order. court order. Hyle Hyle, 868 Hyle v.v. Hyle, 868 A.2d A.2d 60.1, 601, 604 604 (Pa. Super. 2005) (Pa. Super. 2005) (citing Garr v.• (citing Garr 773 A.2d Peters, 773 Peters, A.2d 183, 183, 189 189 (Pa. (Pa. Super. Super. 2001)). For a 2001)). For a finding of civil finding of civil contempt, the contempt, the complainant must prove (1) that the contemnor had notice of the specific order complainant must prove ( 1) that the contemnor had notice of the specific order or decree or decree which which he he is is alleged alleged to to have have disobeyed; disobeyed;(2) that the (2) that the act act constituting the constituting the contemnor's violation contemnor's violation was was volitional; volitional; and and (3) (3) that that the the contemnor contemnor acted acted with with wrongful intent. wrongful intent. Habjan Habjan v.v. Habjan, 73 A.3d Habjan, 73 A.3d 630, 630, 637 637(Pa. (Pa. Super. 2013). The Super. 2013). The alleged contemnor alleged contemnor may may then then present present evidence evidence that that he he has has the the present present inability inability to comply to and make comply and make up up the arrears. Id. the arrears. The court, Id. The court, inin imposing imposing coercive coercive forcivil imprisonmentfor imprisonment civilcontempt, contempt, should shouldset setconditions conditionsfor forpurging purgingthe thecontempt contempt and effecting and effecting release release from from imprisonment imprisonment with with which which itit isis convinced convincedbeyond beyond aa reasonabledoubt, reasonable doubt,from fromthe thetotality totalityofofthe theevidence evidencebefore beforeit,it,the thecontemnor contemnorhas has the present the ability toto comply. present ability comply. Hyle Hyle v.v. Hyle, 868 A.2d Hyle,868 A.2d 601, 601, 604-5 604-5(Pa. (Pa. Super. Super. 2005). 2005). InInthe thepresent case,Father presentcase, Fatherviolated violatedaaCourt Courtorder, order,the theOrder Orderdated datedApril April 2024registering 25,2024 25, theForeign registeringthe ForeignSupport OrderNumber SupportOrder Number17-01602 17-01602issued issuedbybythe the PhiladelphiaCounty Philadelphia Court,where CountyCourt, wherehe hewas wasdirected directedtotopay pay$674.48 $674.48per permonth. month.AsAs ofofAugust August8,8,2024, Fatherwas 2024,Father wasout outofofcompliance complianceofofthe theOrder Ordersince sincethe thebeginning beginning ofofthe yearininananamount theyear amountofof$ 5,078.36 $5,078.36with witharrears arrearsininthe thetotal totalamount amountofof 8/2/24,p.p.4.4.19-22. NT,8/2/24, $31,273.15.N.T. $31,273.15. 19-22.Since Sincethe theorder orderwas wasregistered registeredininBucks Bucks there has been no N,T. 8/2/24, p. 6. 24-25. Father has payments.N.T. 8/2/24, p. 6. 24-25. Father has County,there has been no payments. County, fromaapersonal $25,427.78from $25,427.78 settlementheld injurysettlement personalinjury heldininescrow. escrow.N.T. N.T.1111/ 18/24, / 18/24,p.p. 55.2-4; 55. 2-4;See SeeExhibit ExhibitM-3, Settlement/Distribution M-3,Settlement/ Statementfrom Distribution Statement fromHearing Hearingdated dated II 12/6/24. 12/6/24. 14 14 This Court points out that Father made similar arguments for his present This Court points out that Father made similar arguments for his present contempt proceedings in Philadelphia County. Attached as Exhibit C is the contempt proceedings in Philadelphia County. Attached as Exhibit C is the Superior Court's recent Superior Court's decision affirming recent decision the Philadelphia affirming the County's contempt Philadelphia County's contempt finding. The Superior Court has affirmed the Philadelphia County's Order of finding. The Superior Court has affirmed the Philadelphia County's Order of finding Father in contempt of an Order dated 20, 2020 February 20, 2020 directing finding Father in contempt of an Order dated February directingFather Father to pay $674.48 per month for the children. Batterman v. Santo, No. 469 EDA to pay $ 674.48 per month for the children. Batterman v. Santo, No. 469 EDA 2024, slip op. at 1 (Pa. Super. 2025). The Philadelphia County Court found 2024, slip op. at * 1 (Pa. Super. 2025). The Philadelphia County Court found Father in contempt on January 11, 2024, with a purge amount of $5,000.00. Id. Father in contempt on January 11, 2024, with apurge amount of $ 5,000.00. Id. atat* 1. 1. ThisCourt This Mr.Batterman foundMr. Courtfound notaacredible wasnot Battermanwas witness.N.T. crediblewitness. 12/6/24, NT 12/6/24, p. 30. 19-20. As a result of finding Mr. Batterman in contempt of the Order, p. 30. 19-20. As a result of finding Mr. Batterman in contempt of the Order, Father was sentenced Father was period ofof incarceration sentenced toto aa period the Bucks incarceration atat the County Bucks County Correctional Facility of six months with a purge condition of paying the $25,000 Correctional Facility of six months with apurge condition of paying the $ 25,000 that hasavailable clearlyhas thatheheclearly underthe himunder availabletotohim SettlementDistribution theSettlement Statement. DistributionStatement. N.T.12/6/24, N.T. 31.1-6. 12/6/24,p.p.31. Forthe 1-6.For reasons,we statedreasons, thestated foundFather wefound Contempt FatherininContempt '/ ii forwillfully Courtfor ofofCourt willfullyfailing withananOrder. complywith failingtotocomply Order.We foundthat Wefound had Fatherhad thatFather ' thepresent the abilitytotocomply presentability complywith theSupport withthe Orderand SupportOrder thepurge metthe andmet condition purgecondition ofof$ 25,000. the$ 25,000 fact,the $25,000.InInfact, paidininfull waspaid $25,000was forFather fullfor withinhours Fatherwithin our hoursofofour Order. Therefore, our Order dated December 6, 2024 should be contemptOrder. Therefore, our Order dated December 6, 2024 should be contempt affirmed. affirmed. II I CONCLUSION CONCLUSION i This Court did not abuse its discretion in issue the Order dated November This Court did not abuse its discretion in issue the Order dated November !I 2024 18,18,2024 denying Father's Petition for Modification and In Forma Pauperis. In denyingFather's Petition for Modification and In Forma Pauperis. In 15 15 — 1616 — I j this Court's Order dated December 6, 2024, this Court did not abuse its Court did Father in discretion in finding Father contempt. Therefore, in contempt. Orders should our Orders Therefore, our be should be affirmed. affirmed. ,r- BY COURT THE COURT BY THE :1 ll ,, DATE: DATE: PO Xn1LI ]· es M. chaster, J. 'I ti i[ Footnotes [10] 10 of the of the petition, petition, they they have have to to state state they're they're unable unable to to obtain obtain funds funds from from anyone, anyone, including family. including family. Father's Father's family family has has paid paid his his fees fees in in the the past, past, itit would would not not be be incredible to incredible to believe believe that that they they would would not not pay pay the the fees fees today. NT 11/ today. N.T. 11/18/2024, p. 18/2024, p. i/ 15-22. Father's 107. 15-22. 107. Father's parents parents continue continue to to pay for all pay for all of of his his expenses. expenses. :/ Most importantly, Most importantly, Father Father has has funds funds held held in in escrow escrow from from a a personal injury personal injury settlement. The settlement. The total total settlement settlement amount amount was was $$52,499.00, after attorney 52,499.00, after fees, attorney fees, !I cost, and cost, and lien lien by by Independence Independence Blue Blue Cross, Cross, the the net net proceeds proceeds available available toto Father Father ii are $$25,427.78. are See Exhibit 25,427.78. See Exhibit M-3, Settlement/Distribution M-3, Settlement/ Statement from Distribution Statement from !I ij Hearing dated Hearing dated 12/6/24. Overall, Father 12/6/24. Overall, Father was was evasive evasive and and allegedly allegedly could could not not remember details remember details about about the the settlement settlement checks checks or or documents documents received received from from his his attorney. See attorney. See generally, generally, N.T. 15-18. When 12/6/24, p.p. 15-18. NT 12/6/24, When asked asked about about the the settlement, Father settlement, Father stated stated numerous numerous times times" "I don't recall," Idon't I don't recall,""I don't remember," remember," and"I and "I have have no no idea." idea." N.T. 12/6/24, p.p. 15. NT 12/6/24, 15. 10, 18, 25. 12, 18, 10, 12, 25. Father Fatherallegedly allegedlydid did not recognize not the Settlement recognize the Settlement Distribution Distribution Statement Statement and and allegedly allegedly did did not not ii remembersigning remember thedocument signingthe documentatatany anytime. time.N.T. N.T 12/6/24, 12/6/24,p.p. 15. 5-18.Father 15.5-18. Father !I did sign did theGeneral sign the GeneralRelease Releaseform formfor foran anaccident accidentoccurring occurringininJanuary January2019 2019 withaatotal with totalsettlement settlementamount amountofof$$52,499.00. Fatherwas 52,499.00. Father wasaware awarethat thatone oneofofthe the checksfor checks forthe thesettlement settlementwas wascashed cashedand andthe theother othertwo twowere werenot. not.N.T. NT,1212/6/24, / 6 / 24, ButFather 16.9-12. But p.p.16.9-12. Fathercould couldnot notremember remembersigning signingthe theother othertwo. two.N.T. N.T.12/6/24, 12/6/24, 16.1-2. p.p.16. Fatherwas 1-2.Father wasfound foundtotobebedeceptive deceptiveinincourt, court,asastotohis hisknowledge knowledgeofofhis his settlement ofof his settlement his personal injury case. personal injury case. N.T. N.T, 12/6/24, 12/6/24, p.p. 30. 30. 23-25. We 23-25. We determinedthat determined thatFather Fatherhad hadready readyaccess accesstotothe the$ 25,427.78 $25,427.78from fromhis hispersonal personal