Van Tassel v. Lawrence County Domestic Relations Section

659 F.Supp.2d 672

Lynn A. VAN TASSEL, Plaintiff, v. LAWRENCE COUNTY DOMESTIC RELATIONS SECTION, et al., Defendants.

Civil Action No. 09-266.

United States District Court, W.D. Pennsylvania.

September 22, 2009.

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Lynn A. Van Tassel, Pulaski, PA, for Plaintiff.

Geri Romanello St. Joseph, Michael P. Daley, Supreme Court of Pennsylvania Administrative Office of Pennsylvania Courts, Philadelphia, PA, Edmond R. Joyal, Jr., Law Office of Joseph S. Weimer, Pittsburgh, PA, James W. Manolis, Verterano & Manolis, New Castle, PA, for Defendants.

MEMORANDUM OPINION

NORA BARRY FISCHER, District Judge.

I. INTRODUCTION

This civil rights action arises from child support proceedings in the Court of Common Pleas of Lawrence County, Pennsylvania between pro se Plaintiff Lynn A. Van Tassel ("Plaintiff") and her former husband, Defendant Arthur R. Van Tassel ("Defendant Van Tassel"). She alleges that Defendant Van Tassel as well as Defendants Lawrence County Domestic Relations Section ("Domestic Relations"), Larry Troggio ("Troggio"), Jackie McBride ("McBride"), Jackie Bartberger ("Bartberger"), Charmagne Duzak ("Duzak"), the Honorable John W. Hodge ("Judge Hodge"), and James W. Manolis, Esquire ("Manolis") caused certain irregularities in those proceedings which have violated her constitutional rights under the First, Fifth, and Fourteenth Amendments. She also claims that Defendants Van Tassel and Manolis initiated a criminal complaint and filed a protection from abuse order against her in retaliation for her pursuing the collection of child support from Defendant Van Tassel.

Presently before the Court are motions to dismiss filed by Judge Hodge and Domestic Relations (Docket No. 55), attorney Manolis, (Docket No. 51), and Defendant Van Tassel (Docket No. 53). Plaintiff has filed timely responses to the motions. (Docket Nos. 57, 58, 59, 60). Upon consideration of the parties' submissions, and for the following reasons, Defendants' motions to dismiss are granted.

II. FACTUAL BACKGROUND

Plaintiff is proceeding pro se, therefore, the factual allegations in her Amended Complaint are liberally construed as she is held to a less stringent standard than attorneys. Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007); see also Washam v. Stesis, 321 Fed.Appx. 104, 105 (3d Cir.2009). However, many of the lengthy and convoluted allegations in Plaintiff's 43 page Amended Complaint improperly consist of legal argument and factual assertions which this Court need not credit.¹ See Day v. Federal Bureau of Prisons, 233 Fed.Appx. 132, 133 n. 3 (3d Cir.2007) (not precedential) (citing Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir.1997)) (a district court "need not ... credit a pro se litigant's `bald assertions' or `legal conclusions.'"). Mindful of this standard, the Court turns to the allegations in the Amended Complaint.

Plaintiff and her former husband, Defendant Van Tassel, have an ongoing child support case in the Court of Common Pleas of Lawrence County, Pennsylvania, at Case No. 503 of 2003, D.R. (Docket No. 47 at ¶ 14). Defendant Van Tassel is subject to a child support order which requires him to make monthly support payments to Plaintiff for the benefit of their child.² Plaintiff contends that her husband was delinquent on support payments during 2007 and that she attempted to collect the support by using "the Act 58 remedies (Act 1997-58, as amended by Act 1998-127)" under the Pennsylvania support laws. (Id. at 1-2). Although not specified in the Amended Complaint, Plaintiff appears to be referring to certain amendments to 23 Pa.C.S.A. § 4352(d) and (d.1). Sections 4352(d) and (d.1) provide as follows:

(d) Arrears as judgments.—On and after the date it is due, each and every support obligation shall constitute a judgment against the obligor by operation of law, with the full force, effect and attributes of a judgment of court, including the ability to be enforced, and shall be entitled as a judgment to full faith and credit in this or any other state. Overdue support obligations of this or any other state which are on record at the county domestic relations section shall constitute a lien by operation of law against all real property owned by the obligor within the county as provided in subsection (d.1).

...

(d.1) Real property liens.—

(1) Overdue support shall be a lien on real estate within the county in which the overdue support is on record at the county domestic relations section if:

(i) the underlying support action is pending in the county domestic relations section or is being enforced by the county domestic relations section;

(ii) notice of the existence of the support action is available to the public through a docket book or automated means; and

(iii) the county domestic relations section is able to determine the amount of overdue support by reference to its records and is able to provide the amount of the overdue support upon request.

...

(5) A lien arising from overdue support:

(i) shall automatically attach to after-acquired property owned by the obligor;

(ii) shall retain its priority without renewal or revival;

(iii) shall continue to encumber the property upon sale or other transfer;

(iv) shall not be divested upon a judicial sale or execution by a person with a lien with less priority;

(v) shall not attach to the interest of any other co-owner in the property;

(vi) shall expire 20 years after the due date of the last unsatisfied overdue support payment; and

(vii) may be released by the court as against abandoned or distressed real property at the request of a governmental unit in order to facilitate the property's sale and rehabilitation.

23 Pa.C.S. § 4352(2008).

In general, Plaintiff claims that pursuant to these provisions and given her husband's alleged delinquency on the support payments, she was entitled to a judgment by operation of law³ for all overdue support and, thereby, statutorily authorized to obtain a judgment against him for overdue support⁴ and a lien against his real property. (See generally Docket No. 47). However, she alleges that Domestic Relations caused errors in the computation of the overdue support due, and that such errors were contained in two separate judgments which she obtained. (Id.). Her receipt and attempted enforcement of these judgments resulted in legal proceedings between her and Defendant Van Tassel, who was represented by attorney Manolis. (Id.). Most of the proceedings were before Judge Hodge, and Plaintiff complains that he made numerous incorrect legal rulings during the proceedings, including striking the judgments, cancelling a sheriff's sale and imposing sanctions on her in the form of her husband's attorney's fees for attempting to use the Act 58 remedies. (Id.). She also maintains that Defendant Van Tassel and attorney Manolis acted improperly during those proceedings. (Id.). She avers that these and other actions of the Defendants violated her constitutional rights of substantive and procedural due process, equal protection under the laws and her right to freely access the courts. (Id.).

Plaintiff also contends that Defendant Van Tassel was delinquent in his child support payments for every month of 2007. (Id. at ¶ 15). Specifically, in March 2007, Plaintiff discovered that Defendant Van Tassel had withdrawn $76,909.00 from his retirement account in 2006 but had not included this amount as income for the calculation of child support in 2007. (Id. at ¶ 16). After a modification conference between the parties was held, an order was entered in October 2007 adding the monies withdrawn from Defendant Van Tassel's retirement account to his 2006 income and recalculating the support due in 2007.⁵ (Id.). Later, in September 2007 and March 2008, Defendant Van Tassel refinanced real property that he owns and is located in Lawrence County. (Id.). At the time of his refinancing of the property, he was delinquent on child support payments. (Id.). Plaintiff contends that according to her interpretation of Pennsylvania law, the overdue child support constituted an automatic lien against the refinanced property. (Id. at ¶ 17). She avers that she was not paid the support owed and that her attempts to collect the support were unsuccessful, resulting in tumultuous litigation. (Docket No. 47 at ¶¶ 14-44).

On October 30, 2007, Plaintiff requested that Defendant Van Tassel pay the overdue support balance by December 3, 2007. (Id. at ¶ 18). She advised Defendant Van Tassel that if payment was not made by that date, she would seek other remedies against him. (Id.). Defendant Van Tassel did not pay the overdue support by that date. (Id.). Then, on December 10, 2007, Plaintiff contacted Defendant McBride, the Domestic Relations case officer assigned to her case, by telephone, and requested that he prepare a certificate of arrearages showing "overdue support 30 days or more overdue." (Id. at ¶ 19). The following day, December 11, 2007, she went to the Domestic Relations office, paid the applicable fee and was provided with a certificate of arrearages. (Id. at ¶ 20). She then took the certificate to the Lawrence County Prothonotary's Office, and had it converted to a judgment against Defendant Van Tassel's real property. (Id.). As a result, a Sheriff's Sale of Defendant Van Tassel's real property was scheduled to occur on January 16, 2008. (Id. at ¶ 22).

Subsequently, Plaintiff realized that the amount of support stated on the certificate was miscalculated. (Id. at ¶ 21). She thus avers that the certificate incorrectly included the entire amount of child support owed by Defendant Van Tassel (the entire case balance including current support, past-due support, overdue support and applicable fees) instead of only the overdue support which she had requested. (Id. at ¶¶ 21, 22). Plaintiff then alleges she immediately informed Domestic Relations of the inaccuracies in the certificate and was...