J-S25004-14

2014 PA Super 216 

PATRICIA P. WORLEY IN THE SUPERIOR COURT OF 

PENNSYLVANIA 

 

v.

KELLY LYNN EFFLER 

APPEAL OF: NICOLE R. WEBSTER 

 No. 1857 MDA 2013 

Appeal from the Order Entered September 26, 2013 

In the Court of Common Pleas of Centre County 

Civil Division at No(s): 2013-151-S 

PACSES No. 53713906 

Other State ID No. 000290713906 

BEFORE: OTT, J., STABILE, J., and MUSMANNO, J.

OPINION BY OTT, J.: FILED OCTOBER 01, 2014 

 Nicole R. Webster appeals from the order entered on September 26, 

2013, in the Court of Common Pleas of Centre County registering and

confirming a foreign support order, directing Webster to pay $150.00 per

month in child support and acknowledging $24,309.44 in arrears. Webster 

raises three issues in this timely appeal. She claims the trial court: (1) 

abused its discretion in registering the foreign order based upon the 

evidence and testimony presented at the hearing; (2) abused its discretion 

in not allowing Webster to present evidence that she is not the person 

named in the foreign order; and (3) abused its discretion in not giving 

proper weight and consideration to federal law regarding residency of 
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military spouses. After a thorough review of the submissions by the parties, 

relevant law, and the certified record, we vacate the order registering the 

foreign support order and remand for further proceedings consistent with 

this decision. 

 The factual background of this matter is unclear; however, it appears 

that a person named Kelly Lyn Effler gave birth to a child, S.W. The certified 

record does not reveal the child’s birthdate. On January 21, 1998, Kelly L. 

Effler was ordered to pay $150.00 per month in child support. See Order, 

1/21/1998, 97 CVD 740, County of McDowell, State of North Carolina. On 

February 1, 1999, that order was modified to include an additional payment 

of $62.34 per month to pay arrearage. See Modificaiton of Order, 2/1/1999. 

On May 13, 2010, the order was again modified. At that date, Patricia 

Worley was added to the caption as a plaintiff, recognizing that she had 

been awarded custody of S.W. Additionally, the amount owed in arrearage 

had risen to $19,059.44. Finally, it was noted that Kelly Effler was then 

known as Kelly Rhodarmer. See Modification of Order, 5/13/2010. On April 

3, 2013, a registration statement was sent to Centre County indicating that 

Nicole Rickards Webster, also known as Kelly Lynn Effler and Kelly Lynn 

Rickards, owed $24,309.44 in child support. Additionally, the registration 

statement indicated that Effler/Webster/Rickards had a social security 

number ending with the number 6192. A document appended to the 

registration statement presented additional aliases, including Keli L. Effler, 

Kimberly Lynn Hogan, Kelly Lynn Rhodarmer, Kimberly Nicole Hogan 
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Rhodarmer, and Nicole Rhodarmer Webster. See Registration Statement, 

4/3/2013. On April 22, 2013, Nicole Rhodarmer Webster, SSN XXX-XX2410, pro se, timely filed a motion contesting the registration order. In 

part, she claimed she had been misidentified and was not the person who 

owed the money. See Motion Contesting Registration, 4/22/2013. After 

several continuances, a hearing was held on September 5, 2013, at which 

time Webster was not allowed to present evidence challenging her identity 

as Kelly Lynn Effler. Pursuant to the original registration statement, orders 

have been entered directing Maxwell Trucking to withhold $150.00 per 

month from the pay of Nicole M. Webster, SSN XXX-XX-6192, and FBS 

Incorporated to withhold $150.00 per month from the pay of Nicole R. 

Webster, SSN XXX-XX-6192. Appellant, Nicole R[hodarmer] Webster, SSN 

XXX-XX-2140, testified she was currently working at Maxwell Trucking and 

had previously worked for FBS. See N.T. Hearing, 9/5/2013, at 18. 

 In its Pa.R.A.P. 1925(a) opinion, the trial court stated it registered the 

order and denied Webster relief because it was obliged to give full faith and 

credit to the underlying order. Additionally, Webster was obliged to 

challenge her identity as Effler in North Carolina, the jurisdiction that 

originally made the identification. See Trial Court Opinion, 11/13/2013, at 

1-2.

 The rules governing a contest of the validity or enforcement of a 

registered order are found at 23 Pa.C.S. §§ 7606, 7607. Section 7606 

states, in relevant part: 
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A nonregistering party seeking to contest the validity or 

enforcement of a registered order in this State must request a 

hearing within 20 days after the date of mailing or personal 

service of notice of the registration. The nonregistering party 

may seek to vacate the registration, to assert any defense to an 

allegation of noncompliance with the registered order or to 

contest the remedies being sought or the amount of any alleged 

arrearges pursuant to section 7607 (relating to contest of 

registration or enforcement). 

23 Pa.C.S. § 7606(a). 

 As noted above, Webster, pro se, requested a hearing within 20 days 

of the registered order, fulfilling the timeliness requirement of section 7606.

 Section 7607 states, in relevant part: 

(a) Defenses. - A party contesting the validity or enforcement of 

a registered order or seeking to vacate the registration has the 

burden of proving any of the following defenses: 

(1) The issuing tribunal lacked personal jurisdiction over 

the contesting party. 

(2) The order was obtained by fraud. 

(3) The order has been vacated, suspended or modified by 

a later order. 

(4) The issuing tribunal has stayed the order pending 

appeal. 

(5) There is a defense under the law of this State to the 

remedy sought. 

(6) Full or partial payment has been made. 

(7) The statute of limitation under section 7604 (relating 

to choice of law) precludes enforcement of some or all of 

the arrearages. 
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(b) Relief.- If a party presents evidence establishing a full or 

partial defense under subsection (a), a tribunal may stay 

enforcement of the registered order, continue the proceeding to 

permit production of additional relevant evidence and issue other 

appropriate orders. 

23 Pa.C.S. § 7607(a),(b). 

 By attempting to challenge her identity as Kelly Lynn Effler, Webster 

was attempting to assert a challenge under § 7607(a)(1); she was claiming 

that North Carolina had no personal jurisdiction over her because she is not 

nor was she ever Kelly Lynn Effler. Webster is permitted, pursuant to 

statute, to raise that defense. Therefore, the trial court erred as a matter of 

law in preventing Webster from presenting her evidence regarding her 

identity and accordingly, North Carolina’s lack of jurisdiction over her.

 Accordingly, we must vacate the order registering the foreign order 

and remand for a complete hearing.1 Said hearing is to be held within 45 

days of the return of the certified record to the Court of Common Pleas of 

Centre County. 

 Order vacated. Matter remanded for action consistent with this 

opinion. Jurisdiction relinquished. 

____________________________________________ 

1

 As a practical matter, we are not sure how the foreign order would be 

enforceable against Nicole R. Webster. The foreign order compels the 

employer to withhold money from the pay of Nicole M. Webster, SSN XXXXX-6192, while Appellant allegedly works as Nicole R. Webster, SSN XXXXX-2140. 
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Judgment Entered. 

Joseph D. Seletyn, Esq. 

Prothonotary 

Date: 10/1/2014