J-A14004-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
TRACEY C. CARTER, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
TROY L. CARTER,
Appellant No. 3817 EDA 2016
Appeal from the Order Entered November 23, 2016
In the Court of Common Pleas of Philadelphia County
Domestic Relations at No(s):
009807300
PACSES No. 363004162
BEFORE: BENDER, P.J.E., BOWES, J., and SHOGAN, J.
DISSENTING MEMORANDUM BY BENDER, P.J.E.:FILED NOVEMBER 30, 2017
Because I would conclude that the trial court’s findings are not
sufficiently supported by the evidence presented, I respectfully dissent. For
example, the court’s determination that the evidence supported a finding
that Troy II could not work at any profitable employment is unreasonable in
light of the fact that he was apparently successful in taking computer
classes. Also, the fact that Troy II needs assistance in traveling and would
only consider an office job is not enough to support the court’s decision.
Additionally, Mother’s testimony about Troy II’s physical problems was not
supported by any expert testimony or report.1 Therefore, I would conclude
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1 Moreover, the documentary evidence submitted at the master’s hearing,
namely, the psychiatric reports, were not authenticated and should not have
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J-A14004-17
that the court abused its discretion and erred as a matter of law by
determining that Mother/Troy II carried their burden of rebutting the
presumption of non-support. Furthermore, I note that no evidence was
presented by Mother/Troy II that was directed at proving the availability of
employment at a supporting wage. See Style v. Shaub, 955 A.2d 403, 409
(Pa. Super. 2008) (stating “the test is whether the child is physically and
mentally able to engage in profitable employment and whether employment
is available to that child at a supporting wage”). Accordingly, I must
dissent.
(Footnote Continued) _______________________
been allowed into the record. However, since no objection was raised at the
time, we cannot rely on this error.
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