Opinion
1426 EDA 2023
03-11-2024
DAWN D. MAURER v. WALTER CURRAN, JR. Appellant
Benjamin D. Kohler, Esq.
NON-PRECEDENTIAL DECISION
Appeal from the Order Entered May 11, 2023 In the Court of Common Pleas of Bucks County Domestic Relations at No(s): 2021DR00468
Benjamin D. Kohler, Esq.
BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and COLINS, J.
JUDGMENT ORDER
LAZARUS, P.J.
Walter Curran Jr. (Father) appeals from the order, entered in the Court of Common Pleas of Bucks County Domestic Relations Section (DRS), holding him in civil contempt for willful failure to pay $1,317.61 of unreimbursed medical expenses, for his two children, as a part of child support. After review, we affirm.
In light of our disposition, we provide only a truncated, relevant history of the proceedings. On March 9, 2010, the parties entered into a marital settlement agreement, and were divorced by decree on April 16, 2013. On March 22, 2023, the trial court entered a modified support order. Eight days after the entry of this order, the DRS filed a petition for contempt against Father for failing to pay unreimbursed medical expenses in the amount of $1,437.61. On May 11, 2023, the trial court conducted a contempt hearing, after which the trial court found Father in contempt and ordered that Father be remanded to the Bucks County Correctional Facility for six months. Additionally, the trial court ordered that Father may purge his contempt by paying the overdue unreimbursed medical expenses in the amount of $1,317.61. Father paid immediately and purged himself of his contempt.
Father filed a timely notice of appeal. Both Father and the trial court have complied with Pa.R.A.P. 1925.
Prior to addressing Father's claims, we observe that the certified record before this Court contains no transcripts. See Pa.R.A.P. 1911(d) (if appellant fails to take action required by appellate rules and Pennsylvania Rules of Judicial Administration for preparation of transcript, appellate court may take such action as it deems appropriate); see also Smith v. Smith, 637 A.2d 622, 623 (Pa. Super. 1993) ("it is the responsibility of the [a]ppellant to supply this Court with a complete record for purposes of review") (emphasis in original). "[A] failure by an [a]ppellant to [e]nsure that the original record certified for appeal contains sufficient information to conduct a proper review constitutes a waiver of the issue(s) sought to be examined." Smith, 637 A.2d at 623-24; see also Kessler v. Broder, 851 A.2d 944, 950 (Pa. Super. 2004) (reiterating appellant's responsibility to produce complete record for appeal); see also Love-Diggs v. Tirath, 911 A.2d 539, 541 (Pa. Super. 2006) (finding waiver of issue on appeal where appellant failed to include necessary information for appellate review in certified record).
Instantly, Father included a Request for Transcripts in his Notice of Appeal, as required by Rule 1911(a). See Pa.R.A.P. 1911(a) ("appellant shall request any transcript required under this chapter in the manner and make any necessary payment or deposit therefor in the amount and within the time prescribed by Rules 4001 et seq. of the Pennsylvania Rules of Judicial Administration"). However, Father only requested the transcripts "for the hearings held on March 8, 2013[,] and October 31, 2013." See Notice of Appeal and Request for Transcript, 6/5/23, at 1. As we noted supra, the instant contempt proceedings originated in 2023. Moreover, no transcripts appear in the certified record before this Court. Accordingly, we are constrained to conclude that Father has waived his claims. See Smith, supra; Love-Diggs, supra; Pa.R.A.P. 1911(d).
Order affirmed.
Judgment Entered.
Retired Senior Judge assigned to the Superior Court.