J-A14019-22

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

CYNTHIA L. POLLICK IN THE SUPERIOR COURT

OF PENNSYLVANIA

Appellant

v.

ANTHONY P. TROZZOLILLO

Appellee No. 991 MDA 2021

Appeal from the Order Entered July 23, 2021

In the Court of Common Pleas of Lackawanna County

Civil Division at No: 20 DR 0205 2020-40119 PACSES 517300200

BEFORE: BENDER, P.J.E., STABILE, J., and STEVENS, P.J.E.*

MEMORANDUM BY STABILE, J.: FILED: NOVEMBER 7, 2022

Appellant, Cynthia Pollick, appeals pro se from the July 23, 2021 orders

resolving the equitable distribution of the parties’ marital estate, denying her 

claim for an award of alimony, and imposing sanctions against her.

1

 We 

affirm. 

____________________________________________

* Former Justice specially assigned to the Superior Court.

1

 The trial court entered a decree in divorce on July 23, 2021, thus rendering

its equitable distribution and alimony order final and appealable. See Busse 

v. Busse, 921 A.2d 1248, 1253 n.2 (Pa. Super. 2007) (noting that orders 

regarding equitable distribution and alimony become final and appealable 

upon entry of a decree in divorce); appeal denied, 934 A.2d 1275 (Pa. 2007). 

The trial court’s imposition of sanctions against Appellant (essentially an 

award of counsel fees to Appellee also is properly before us. Holz v. Holz, 

850 A.2d 751, 760-61 (Pa. Super. 2004), appeal denied, 871 A.2d 192 (Pa. 

2005). 
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The parties were married on January 7, 2017. Appellee, Anthony P. 

Trozzolillo, commenced this action with a divorce complaint filed on December 

30, 2019. Appellant filed her own complaint in divorce on January 24, 2020, 

followed by a spousal support complaint on March 6, 2020. Both parties are 

practicing attorneys in Lackawanna County. On September 21, 2020, after all 

judges of the Lackawanna County Court of Common Pleas recused 

themselves, the Lackawanna County Court Administrator assigned Judge 

Emanual A. Bertin (hereinafter the trial court) to preside over this case. 

In this timely appeal, Appellant presents seven questions: 

I. Whether the trial court had jurisdiction while this case was 

on appeal to issue substantive orders? 

II. Whether the trial court erred in sanctioning a pro se litigant 

almost $27,000 for filing a divorce and attempting to gather 

evidence on marital assets? 

III. Whether the trial court erred when it refused to allow 

Appellant to engage in discovery, including the use of 

subpoenas to evaluate marital assets when both parties 

sought discovery? 

IV. Whether the trial court erred when it sealed the entire 

judicial record, which included even the names of 

documents filed? 

V. Whether the trial court erred in its equitable distribution 

since without investigation it found only two marital assets, 

which were the parties’ retirement pensions and both 

parties owned residences along with husband owning rental 

properties? 

VI. Whether the trial court should have allowed Appellant to 

receive alimony? 

VII. Whether the trial court must hold a hearing to determine if 

a party is entitled to a fault divorce based on indignities? 
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Appellant’s Brief at 14. 

We have reviewed the extensive record, the applicable law, the parties’ 

briefs, and the trial court’s opinions of July 20, 2021 (the trial court issued 

two opinions that day—one addressing its imposition of sanctions (hereinafter 

the “Sanctions Opinion”) and the other addressing the substantive issues 

(hereinafter the “Substantive Opinion”)). We conclude that the trial court’s 

opinions thoroughly and accurately address Appellants’ arguments. Subject 

to the following observations, we reject Appellant’s arguments based on the 

accurate recitation of facts and sound reasoning set forth in the trial court’s 

opinions. 

With her first issue, Appellant claims that the trial court lacked 

jurisdiction during much of the underlying proceedings because this matter 

was pending on appeal before this court and/or awaiting our Supreme Court’s 

disposition of a petition for allowance of appeal. This argument arises from 

Appellant’s appeals from various interlocutory orders. On December 2, 2020, 

the trial court entered an order expressly titled an “Interlocutory order and 

scheduling order for pre-trial conference in-court on the record.” Order 

12/2/20. Appellant nonetheless filed a notice of appeal from that order the 

next day. This Court granted Appellee’s application to quash by order of 
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January 7, 2021 (1537 MDA 2020). On February 12, 2021,2the trial court 

entered four interlocutory orders addressing scheduling and other ministerial 

matters. Appellant appealed from these orders on February 17, 2021, and 

this Court granted Appellee’s application to quash by order of March 22, 2021

(239 MDA 2021). 

Rule 1701 of the Pennsylvania Rules of Appellate Procedure governs the 

affect of an appeal: 

(b) Authority of a trial court or other government unit after

appeal.--After an appeal is taken or review of a quasijudicial 

order is sought, the trial court or other government unit may:

[...]

(6) Proceed further in any matter in which a non-appealable 

interlocutory order has been entered, notwithstanding the 

filing of a notice of appeal or a petition for review of the order. 

Pa.R.A.P. 1701(b)(6) (emphasis added). Pursuant to Rule 1701(b)(6), the 

trial court had jurisdiction to proceed notwithstanding Appellant’s appeal from 

orders that were plainly not final or appealable. For this reason, and for the 

reason explained on pages 23-28 of the trial court’s Substantive Opinion, 

Appellant’s first argument lacks merit. 

____________________________________________

2

 The four orders in question were docketed on February 12, 2021. The trial 

court dated them February 11, 2021, and the time stamps on the original 

documents indicate that they were filed on February 11, 2021. 
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Appellant’s second argument challenges the trial court’s order of 

$26,950.00 in sanctions pursuant to 42 Pa.C.S.A. § 2503(7) and (9).

3

 We 

review to determine whether the trial court abused its discretion. Miller v. 

Nelson, 768 A.2d 858, 861-62 (Pa. Super. 2001), appeal denied, 782 A.2d 

547 (Pa. 2001). Where the record supports the trial court’s finding that the 

conduct of the sanctioned party was obdurate or vexatious, we will not disturb 

the trial court’s award. In re Padezanin, 937 A.2d 475, 483-84 (Pa. Super. 

2007). 

The amount of the sanctions award is based on testimony from 

Appellee’s counsel, deemed credible by the trial court, to the effect that 

Appellant’s dilatory, obdurate, and vexatious conduct considerably increased 

____________________________________________

3

 That section provides: 

§ 2503. Right of participants to receive counsel fees

The following participants shall be entitled to a reasonable counsel 

fee as part of the taxable costs of the matter:

[...]

(7) Any participant who is awarded counsel fees as a sanction 

against another participant for dilatory, obdurate or vexatious 

conduct during the pendency of a matter. 

[...]

(9) Any participant who is awarded counsel fees because the 

conduct of another party in commencing the matter or otherwise 

was arbitrary, vexatious or in bad faith.

42 Pa.C.S.A. § 2503(7), (9). 
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Appellee’s counsel fees. In addition to the two frivolous appeals mentioned 

above, Appellant filed dozens of subpoenas demanding that Appellee produce 

items with no obvious relevance to this proceeding. Also, Appellant 

consistently failed to produce tax records and other documentation pertinent 

to an equitable distribution. We discern no abuse of discretion in the trial 

court’s award, and we affirm the imposition of sanctions on the basis of the 

Sanctions Opinion. In addition, the trial court references numerous instances 

of Appellant’s misconduct on pages 22 through 33 of the Substantive Opinion. 

Appellant’s third argument—regarding the trial court’s denial of various 

discovery requests—lacks merit. Appellant correctly notes that Pa.R.C.P. 

1930.5(b) provides for discovery without leave of court in alimony and 

equitable distribution proceedings. But Appellant’s argument ignores her own 

consistent failure to provide pertinent discovery, as referenced on pages 4-5, 

8-10, 15-18, and 31-33 of the Substantive Opinion. Appellant further ignores 

the detailed list of subpoenas that she served on Appellee—which the trial 

court quashed at Appellee’s request—as set forth on pages 4-8 of the trial 

court's Sanctions Opinion. The trial court described Appellant’s conduct as 

“outrageous” and “disrespectful of, and to, the court system.” Sanctions 

Opinion, 7/20/21, at 2. Likewise, the court wrote in a section of its 

Substantive Opinion titled “Wife’s Abusive Discovery Requests” that “Wife’s 

outrageous discovery requests were meant to harass Husband and to run up 

his legal fees, with which she was successful.” Substantive Opinion, 7/20/21, 
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at 30. Appellant’s third argument lacks merit for the reasons explained in the 

portions of the Sanctions and Substantive Opinions referenced above. 

Appellant’s fourth argument challenges the trial court’s decision to seal 

the record in this matter. She cites no law to support her argument as to why 

the trial court should not have sealed the record in this case, in violation of 

Pa.R.A.P. 2119(b). She has therefore waived this argument. Estate of Haiko 

v. McGinley, 799 A.2d 155, 161 (Pa. Super. 2002). At any rate, Rule 223 of 

the Pennsylvania Rules of Civil Procedure permits a trial court to exclude the 

public from civil proceedings in the interest of “public good, order or morals.” 

Pa.R.C.P. 223(4). This Court has held that divorce proceedings can be closed, 

pursuant to Rule 223(4) for good cause. Katz v. Katz, 514 A.2d 1374 (Pa. 

Super. 1986), appeal denied, 527 A.2d 542 (Pa. 1987). The findings in the 

Sanctions Opinion establish that Appellant repeatedly attached Appellee’s 

private financial information to her filings without attaching a confidential 

information form, per the Public Access Policy of the Unified Judicial System, 

thus making that information a matter of public record. Sanctions Opinion, 

7/20/21, at 4-5. We discern no error in the trial court’s decision to seal the 

record.

Appellant’s fifth argument challenges the trial court’s valuation of the 

marital estate for purposes of equitable distribution. 

A trial court has broad discretion when fashioning an award 

of equitable distribution. Our standard of review when assessing 

the propriety of an order effectuating the equitable distribution of 

marital property is whether the trial court abused its discretion by 
J-A14019-22

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a misapplication of the law or failure to follow proper legal 

procedure. We do not lightly find an abuse of discretion, which 

requires a showing of clear and convincing evidence. This Court 

will not find an “abuse of discretion” unless the law has been 

overridden or misapplied or the judgment exercised was 

manifestly unreasonable, or the result of partiality, prejudice, 

bias, or ill will, as shown by the evidence in the certified record. 

In determining the propriety of an equitable distribution award, 

courts must consider the distribution scheme as a whole. We 

measure the circumstances of the case against the objective of 

effectuating economic justice between the parties and achieving a 

just determination of their property rights.

Moreover, it is within the province of the trial court to weigh 

the evidence and decide credibility and this Court will not reverse 

those determinations so long as they are supported by the 

evidence. 

Carney v. Carney, 167 A.3d 127, 131 (Pa. Super. 2017). The trial court 

analyzed the factors set forth in 23 Pa.C.S.A. § 3502(a) at pages three 

through 13 of the Substantive Opinion, and explains its conclusion at pages 

16 through 20. We reject Appellant’s argument for the reasons given in the 

Substantive Opinion. 

Next, Appellant argues the trial court erred in denying her an award of 

alimony. 

Our standard of review regarding questions pertaining to the 

award of alimony is whether the trial court abused its discretion.

We previously have explained that [t]he purpose of alimony is not 

to reward one party and to punish the other, but rather to ensure

that the reasonable needs of the person who is unable to support 

himself or herself through appropriate employment, are met.

Alimony “is based upon reasonable needs in accordance with the 

lifestyle and standard of living established by the parties during 

the marriage, as well as the payor's ability to pay. Moreover, 

[a]limony following a divorce is a secondary remedy and is 

available only where economic justice and the reasonable needs 

of the parties cannot be achieved by way of an equitable 
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distribution award and development of an appropriate employable 

skill.

Teodorski v. Teodorski, 857 A.2d 194, 200 (Pa. Super. 2004) (quotation 

marks omitted). 

The trial court described Appellant’s alimony claim as a “sham.” 

Substantive Opinion, 7/20/21, at 20. She earns six figures, has no children, 

and greater future earning capacity than Appellee. Id. Further, Appellant 

failed to document her needs by providing a list of expenses. Id. at 15, 20. 

The trial court thoroughly and accurately addresses the factors set forth under 

23 Pa.C.S.A. § 3701 at pages 14-16 of the Substantive Opinion, and explains 

its conclusion on pages 20-21. We reject Appellant’s argument for the reasons 

explained in the trial court’s Substantive Opinion. 

Finally, Appellant claims the trial court erred in not holding a hearing to 

address her allegation that a fault-based divorce was warranted because of

indignities. The trial court did not address this argument. Indignities can be 

grounds for a fault-based divorce under 23 Pa.C.S.A. § 3301(a)(6). We 

observe, however, that Appellant fails to support her argument with citation 

to pertinent authority, resulting in waiver. Pa.R.A.P. 2119(b); Estate of 

Haiko. Furthermore, Appellant’s second amended complaint in divorce

included claims for a no-fault divorce under § 3301(c) and (d) (mutual consent 

and irretrievable breakdown, respectively). Appellant’s Second Amended 

Complaint in Divorce, 2/7/20, at Count I, ¶¶ 12-17. That being the case, 

§ 3301(e) provides as follows: 
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(e) No hearing required in certain cases.--If grounds for 

divorce alleged in the complaint or counterclaim are established 

under subsection (c) or (d), the court shall grant a divorce without 

requiring a hearing on any other grounds. 

23 Pa.C.S.A. § 3301(e). The trial court found an irretrievable breakdown and 

therefore granted a divorce without requiring a hearing on indignities, exactly 

in accord with § 3301(e). 

For the foregoing reasons, and those expressed in the trial court’s 

Substantive and Sanctions Opinions, we affirm the order. We direct that a 

copy of the trial court’s July 20, 2021 opinions, titled “Memorandum Opinion 

Re: Equitable Distribution and Alimony, Issued Simultaneously With Divorce 

Decree”, and “Memorandum Opinion and Order Re: Husband’s Omnibus 

Petition For Sanctions Pursuant to 42 Pa.C.S.A. § 2503(7) and (9)” be filed 

along with this memorandum. 

Order affirmed. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/07/2022
Circulated 10/25/2022 03:06 PM
































Circulated 10/25/2022 03:06 PM