Silberblatt, A., Esq. v. Brown, A. ( 2020 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
ARTHUR F. SILVERBLATT, ESQ. : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
ALEXA BROWN :
:
Appellant : No. 1904 MDA 2019
Appeal from the Order Entered October 18, 2019
In the Court of Common Pleas of Lackawanna County
Civil Division at No(s): 2011-CV-329
BEFORE: PANELLA, P.J., BENDER, P.J.E., and FORD ELLIOTT, P.J.E.
MEMORANDUM BY PANELLA, P.J.: FILED OCTOBER 28, 2020
Appellee, Arthur F. Silverblatt, Esquire, represented Appellant, Alexa
Brown in divorce proceedings from approximately 2007 until 2010. After the
entry of a final decree in divorce, Attorney Silverblatt sought to recover unpaid
legal fees from the proceeds of the sale of real estate that had been owned by
Brown and her ex-husband by the entireties. On appeal, Brown argues the
trial court erred in letting Attorney Silverblatt execute his judgment against
the escrow account. We affirm.
After he withdrew from the matter in 2010, Attorney Silverblatt obtained
a default judgment on his claim that Brown owed him $16,601.39 in unpaid
legal fees. He later transferred the judgment to Lackawanna County, and
subsequently revived the judgment on April 5, 2017.
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After equitable distribution was resolved, a final decree of divorce was
filed ending Brown’s marriage on January 17, 2019. Attorney Silverblatt
moved to collect his judgment from an escrow account held by Brown’s ex-
husband’s attorney. The escrow account held the proceeds from the sale of
real estate owned by Brown and her husband by the entireties.
Brown’s ex-husband filed an answer to Attorney Silverblatt’s motion. He
did not oppose the relief sought by Attorney Silverblatt; he merely requested
that the relief be delayed until it was clear the account had sufficient funds to
meet all other prioritized obligations. Brown filed an answer asserting two
primary defenses: (1) that she had not been properly served with the motion,
and (2) that the escrow funds were still held by the entireties and therefore
immune from Attorney Silverblatt’s attempt to execute his default judgment.
Brown also claimed the trial court lacked jurisdiction to do anything with the
escrow account while her appeal from the economic aspects of the divorce
was pending in this Court.1
The trial court postponed disbursing any funds from the escrow account
until after Brown’s appeal was dismissed by this Court and her ex-husband
certified that disbursement was appropriate. The court held a hearing on
October 16, 2019, where both Brown and her ex-husband presented evidence.
____________________________________________
1 Brown’s appeal was docketed at 319 MDA 2019, and was dismissed on
September 11, 2019, due to Brown’s failure to file a brief.
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After receiving the evidence, the trial court entered two related orders.
In the first, docketed in the divorce case, the court disbursed the remaining
funds in the escrow account, including sums to both Brown and her ex-
husband. The award to Brown included a footnote indicating that $16,601.39
had been deducted from her share pursuant to the second order entered by
the court. The second order was docketed to the present case, and directed
the disbursement of the same sum from Brown’s share of the escrow account.
This timely appeal followed.
On appeal, Brown raises two arguments. Both of her claims raise
challenges to legal conclusions made by the trial court. Both challenges
constitute questions of law. Therefore, our standard of review is plenary and
no deference is due to the challenged conclusions. See Frantz v. Frantz, 972
A.2d 525, 527 (Pa. Super. 2009).
First, Brown contends the court erred in allowing Attorney Silverblatt to
execute his judgment against her share of the escrow account, as she believes
it was still legally property owned by the entireties. When a husband and wife
take title to a property during their marriage, it is legally owned, indivisibly,
by both. See Johnson v. Johnson, 908 A.2d 290, 295 (Pa. Super. 2006).
There are several distinctions between property owned by the entireties
and joint ownership of property by those who are not married. Of most
relevance to this appeal is the maxim that property owned by the entireties is
not subject to the claims of a creditor who only has claims against one of the
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spouses. See id. Further, the mere sale of the entireties property does not
act to change the nature of the proceeds of the sale. See id.It is upon this slender reed that Brown bases her argument. She
contends the money in the escrow account was the proceeds of the sale of
entireties property. She therefore argues that it was completely impervious to
Attorney Silverblatt’s claims, since he did not have a claim against her ex-
husband.
What Brown fails to acknowledge is that upon divorce, entireties
property is converted automatically to a tenancy in common. See 23 Pa.C.S.A.
§ 3507(a). Contrary to the protections granted to property owned by the
entireties, property owned in common is not immune from creditors of only
one of the owners. See Frantz, 972 A.2d at 528.
We acknowledge that the Court in Frantz held that property held in the
custody of the court pending litigation did not automatically lose its character
as entireties property once a divorce decree is entered. See id. However, that
exception does not apply here.
Here, a decree in divorce had already been entered. Thereafter, the
court disbursed the money in the escrow account to the parties and their
creditors. The money disbursed was no longer in the custody of the court, as
the court had directed that the money be disbursed. Brown’s first issue merits
no relief.
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Before we address Brown’s second issue, we note that in her statement
of questions involved Brown presented her second issue as a due process
claim, asserting that the lien should have been dismissed due to insufficient
process and service. However, in the argument section of her brief, Brown
abandons this issue entirely and instead makes an argument based on lack of
jurisdiction of the trial court. An issue identified on appeal but not developed
in the appellant's brief is abandoned and, therefore, waived. See
Commonwealth v. Rodgers, 605 A.2d 1228, 1239 (Pa. Super. 1992). As
Brown failed to address the matter presented in her statement of questions
presented, we find it waived. Further, issues not presented in the statement
of questions involved portion of a brief typically will not be considered.
Pa.R.A.P. 2116(a). Therefore, Brown’s issue addressed in the argument
section of her brief could also be considered waived. However, as the issue is
arguably jurisdictional, and we nevertheless find it without merit, we will
briefly address the matter.
In her second issue on appeal, Brown claims the trial court lacked
subject matter jurisdiction in this matter. Although Brown’s claim is difficult to
parse, to the best we can discern, she claims the trial court erred in addressing
Attorney Silverblatt’s motion under her divorce docket. She claims that the
court’s action deprived her of her property in the absence of due process.
Brown misrepresents the record. Here, even Brown does not contend
that the court lacked jurisdiction to direct the disbursement of the funds in the
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escrow account. See 23 Pa.C.S.A. § 3104(a). Further, Brown does not argue
that Attorney Silverblatt did not have a default judgment entered against her
for unpaid attorney’s fees. When Attorney Silverblatt’s judgment was filed of
record in Lackawanna County, it acted as a lien upon all of Brown’s real
property in the county. See In re Upset Sale, Tax Claim Bureau of Berks
County, 479 A.2d 940, 943 (Pa. 1984).
As discussed previously, Attorney Silverblatt could not execute on that
lien until after the divorce decree was entered and the court relinquished
jurisdiction over the proceeds of the sale of the real property. But once those
two conditions were met, the court was required to enforce the lien as
requested by Attorney Silverblatt. See id. (noting that the judgment lien
prevents the debtor from conveying any property so as to divest the lienholder
of the benefit of the lien).
And in fact, despite Brown’s contention, the trial court did not direct the
disbursement of escrow funds to Attorney Silverblatt under the divorce docket.
While it did enter an order disbursing funds at the divorce docket, that order
merely references the order the court entered under the civil docket created
by Attorney Silverblatt’s motion. That order is the operative order, and it is
appropriately docketed.
Under these circumstances, we cannot conclude the trial court lacked
jurisdiction to enforce the lien. Brown’s final argument merits no relief.
Order affirmed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/28/2020
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