J-S06003-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

SUZANNE STAHL IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

CHRISTIAN STAHL

Appellant No. 1304 EDA 2016

Appeal from the Order Entered April 12, 2016

In the Court of Common Pleas of Delaware County

Domestic Relations at No(s): 2012-006263

BEFORE: MOULTON, J., RANSOM, J., and FITZGERALD, J.*

MEMORANDUM BY MOULTON, J.: FILED JULY 14, 2017

Christian Stahl (“Husband”) appeals pro se from the April 12, 2016 

order entered in the Delaware County Court of Common Pleas denying his 

amended petition for special relief in the nature of a request to vacate the 

divorce decree and strike the property settlement agreement for lack of 

disclosure and fraud and ordering that he pay counsel fees. We affirm.

On August 2, 2002, Husband and Suzanne Stahl (“Wife”) married. On 

July 23, 2012, Wife filed a complaint in divorce.1 On January 16, 2015, the 

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*

Former Justice specially assigned to the Superior Court.

1 There have been numerous petitions filed in this matter, both in 

divorce and in custody. In this memorandum, we discuss only the petitions 

relevant to this appeal.
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parties signed a property settlement agreement.2 On February 17, 2015, 

the trial court entered an order of divorce, which incorporated the property 

settlement agreement. On November 18, 2015, Husband filed a petition for 

special relief in the nature of a request to vacate the property settlement 

agreement for lack of disclosure. On December 1, 2015, Wife filed a petition 

to strike Husband’s petition for special relief for failure to state a basis upon 

which relief can be granted and for failure to plead alleged fraudulent 

behavior with specificity and failure to attach party verification. On 

December 18, 2015, Husband filed an amended petition for special relief in 

the nature of a request to vacate the divorce decree and strike the property 

settlement agreement for lack of disclosure and fraud (“amended petition to 

vacate”). In his amended petition to vacate, Husband claimed, in part, that 

Wife failed to disclose all marital assets and misrepresented the amount of 

funds in a trust account. On January 27, 2016, Wife filed an answer to 

Husband’s amended petition to vacate, in which she requested counsel fees. 

On March 10, 2016 and March 11, 2016, the trial court held a hearing, 

which it described as follows:

A full and fair hearing on the Petition, Amended Petition 

and response thereto was scheduled to occur on March 10, 

2016. At such time, [Husband] failed to appear as 

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2 Husband was represented by counsel until January 2015. On 

January 8, 2015, Husband filed an entry of appearance as a self-represented 

party and on January 12, 2015, counsel that had been assisting with the 

property settlement agreement withdrew his appearance. 
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directed by the Trial Court. Indeed, the Court and [Wife], 

who was present with counsel, waited from 9:00 A.M. until 

11:00 A.M. before learning that [Husband] would not be 

appearing. [Husband’s] counsel,[3]after being contacted 

by Court staff, finally appeared at the March 10, 2016 

hearing and stated that he “thought” the hearing had been 

continued. When questioned as to why he thought this, 

Counsel could offer no reasonable explanation. Indeed, 

Counsel admitted he did not contact chambers or opposing 

counsel to verify or question whether the hearing had been 

continued. Counsel at that time withdrew the initial 

Petition on the record and requested argument on the 

Amended Petition. (N.T. 3/10/2016, at p. 9). In spite of 

the fact that the allegations ple[]d in the Amended Petition 

were very fact specific and the Trial Court could not accept 

counsel’s mere representations without direct testimony, 

the Trial Court allowed [Husband’s] counsel to attempt to 

make argument. Indeed counsel for [Husband], without 

[Husband] present, could not produce evidence that 

information about various assets were not produced prior 

to [Husband] signing the Property Settlement Agreement. 

(N.T. 3/10/2016, at p. 77). Although counsel for 

[Husband] represented to the Trial Court that [Husband] 

learned in July of 2015 that the trust amounts disclosed on 

the inventory on the Property Settlement Agreement were 

inaccurate, [Husband] by and through counsel, could 

provide no response to the Trial Court’s questions 

concerning the four (4) month delay in filing of the 

Petition. (N.T. 3/10/2016, at p. 86). 

[Husband’s] argument at the March 10, 2016 hearing 

was centered on an argument about intrinsic fraud relative 

to the Property Settlement Agreement. At the conclusion 

of the March 10, 2016 hearing, the Trial Court scheduled 

another day for the hearing so that [Husband] could be 

present to offer testimony and likewise to allow counsel for 

[Husband] the opportunity to submit case law in support of 

[Husband’s] intrinsic fraud argument. (N.T. 3/10/2016, at 

p. 107). The next hearing date, which occurred on March 

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3 On May 27, 2016, Husband again filed an entry of appearance as a 

self-represented party. 
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11, 2016, [Husband] abandoned his intrinsic fraud 

argument, now taking up an argument for setting aside 

the Property Settlement Agreement and opening the 

Divorce Decree on the grounds of extrinsic fraud. At this 

time, counsel for [Husband] made an oral motion to create 

a constructive trust under Section 3505(d) of the Divorce 

Code. Counsel for [Wife], Mr. Huffman, however, objected 

to the oral motion arguing that his preparation for the 

hearing was centered on [Husband’s] fraud argument. The 

Trial Court, therefore, denied [Husband’s] oral motion, but 

stated on record that [Husband] had the right to file a 

petition under this section, if he felt it was pertinent. (N.T. 

3/10 /2016, at p. 8). 

[Husband’s] new argument at the March 11, 2016 

hearing was an unsubstantiated accusation that extrinsic 

fraud occurred because [Wife] over-litigated the divorce, 

custody and support actions, which caused such an 

economic strain on [Husband] that he was under 

“economic duress” to sign the Property Settlement 

Agreement. Besides having no basis in law, this 

accusation has no basis in fact. Indeed, a review of the 

docket reveals that there were petitions filed by both 

parties. As outlined in detail above, a portion of 

[Husband’s] filings have amounted to mere frivolous 

filings. Furthermore, although directed by the Trial Court 

to provide case law, [Husband] failed to do so. The Trial 

Court likewise granted [Husband’s] request to submit a 

Memorandum of Law on the extrinsic fraud issue. 

[Husband’s] Memorandum of Law cites no cases to support 

his proposition and [Wife] spent time and resources 

drafting a response Memorandum. [Wife] attached to the 

response Memorandum an Affidavit attesting under oath 

that the time spent representing [Wife] at the March 10, 

2016 hearing, March 11, 2016 hearing, and responses to 

[Husband’s] pleadings related to the fraud issue cost 

Appellee $6,000.00 in legal fees. 

Opinion, 6/27/2016, at 5-7 (“1925(a) Op.”) (unpaginated).4 

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4 Wife had reiterated her request for counsel fees at the hearing, and 

both counsel presented argument on the request. N.T., 3/11/16, 105-120.
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On April 12, 2016, the trial court denied Husband’s amended petition 

to vacate and ordered Husband to pay counsel fees to Wife’s counsel in the 

amount of $6,000. 

Husband filed a timely notice of appeal. He raises the following issues:

I. The honorable trial court abused its discretion in 

awarding [counsel] fees without finding or stating any 

basis for the award.

II. The honorable trial court abused its discretion in not 

determining the parties ability to pay and the 

reasonableness of the award.

III. The honorable trial court abused its discretion in not 

first hearing [Husband]’s motion to recuse.

IV. The honorable trial court abused its discretion in failing 

to create a constructive trust with [Wife’s] assets omitted 

from the Delaware County pre-trial statement inventory 

and appraisement pursuant to Pa.R.C.P. § 1920.33 sua 

sponte pursuant to 23 Pa.C.S. § 3505(d).

V. The honorable trial court abused its discretion in 

awarding [counsel] fees that were improperly requested in 

divorce.

Husband’s Br. at 6-7.

In his first, second, and fifth issues, Husband challenges the award of 

counsel fees. Husband maintains the trial court abused its discretion 

because it did not base its award of counsel fees on any factual findings, it 

did not determine whether Husband was financially able to pay the award, 

and the award would have a chilling effect and went against the general 

principle that parties are responsible for their own fees.

Our review of an order awarding counsel fees is:
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limited solely to determining whether the trial court 

palpably abused its discretion in making a fee award. In 

re Estate of Liscio, 432 Pa.Super. 440, 444, 638 A.2d 

1019, 1021 (1994), appeal denied, 539 Pa. 679, 652 A.2d 

1324 (1994). If the record supports a trial court’s finding 

of fact that a litigant violated the conduct provisions of the 

relevant statute providing for the award of [counsel] fees, 

such award should not be disturbed on appeal. Id.

Berg v. Georgetown Builders, Inc., 822 A.2d 810, 816 (Pa.Super. 2003) 

(quoting Thunberg v. Strause, 682 A.2d 295, 299 (Pa. 1996)). 

A party is entitled to reasonable counsel fees where he or she is 

awarded fees “as a sanction against another participant for dilatory, 

obdurate or vexatious conduct during the pendency of a matter.” 42 Pa.C.S. 

§ 2503(7). Our Court has stated:

Generally speaking, “obdurate” conduct may be defined in 

this context as “stubbornly persistent in wrongdoing.” 

WEBSTER’S NINTH NEW COLLEGIATE DICTIONARY 815 

(1987). Conduct is “dilatory” where the record 

demonstrates that counsel displayed a lack of diligence 

that delayed proceedings unnecessarily and caused 

additional legal work. See Gertz v. Temple Univ., 443 

Pa.Super. 177, 661 A.2d 13, 17 n. 2 (1995).

In re Estate of Burger, 852 A.2d 385, 391 (Pa.Super. 2004). The 

Pennsylvania Supreme Court has defined “vexatious” for section 2503(9)5

as: “An opponent also can be deemed to have brought suit ‘vexatiously’ if 

he filed the suit without sufficient grounds in either law or in fact and if the 

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5 We have stated that conduct that is “dilatory, obdurate or vexatious” 

under section 2503(7) is similar to that which would constitute conduct that 

is “arbitrary, vexatious or in bad faith” under section 2503(9). In re Estate 

of Burger, 852 A.2d at 391.
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suit served the sole purpose of causing annoyance.” Berg, 822 A.2d at 816 

(quoting Thunberg, 682 A.2d at 299). 

Here, the trial court conducted a hearing on the amended petition to 

vacate. At the hearing, the trial court heard testimony from Husband, 

including on Husband’s finances. See, e.g., N.T., 3/11/16, 28-37. Further, 

the trial court heard argument from both Husband’s counsel and Wife’s 

counsel on the motion for counsel fees. Id. at 105-20.

The trial court found Husband’s conduct was “dilatory, obdurate or 

vexatious.” 1925(a) Op. at 7. It reasoned:

The Trial Court’s decision in this instance is supported 

by ample evidence of record. As outlined in detail above, 

[Husband] blatantly disregarded the Trial Court’s 

instructions to be present at a hearing, which the Trial 

Court specially listed for disposition of [Husband’s] Petition 

and the Amended Petition. After judicial resources and 

[Wife’s] time were wasted awaiting a response with 

respect to whether [Husband] was appearing, [Husband’s] 

counsel attempted to make “legal argument,” which 

amounted to recitation of facts or which counsel had no 

first-hand knowledge. At the conclusion of the March 10, 

2016 hearing, the Trial Court instructed counsel to provide 

case law in support of his argument, which [Husband] then 

failed to provide. Indeed, after a whole day of hearing 

[Husband’s] argument on March 10, 2016, [Husband] 

appeared the very next day, March 11, 2016, abandoning 

his initial argument of intrinsic fraud and spent another 

day of testimony pursuing the theory of extrinsic fraud. 

[Husband’s] new legal theory of “economic duress” as 

extrinsic fraud was not supported by any case law or 

testimony, in spite of the Trial Court providing [Husband] 

additional time to craft a legal memorandum.

Finding [Husband’s] Amended Petition completely 

without merit and unsupported by law, the Trial Court 

accepted [Wife’s] Affidavit of [Counsel] fees, which counsel 
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provided, requesting fees for approximately nine (9) hours. 

As the bulk of that time was spent in court, litigating this 

matter, the Trial Court had first-hand knowledge of the 

time expended. The Trial Court therefore accepted 

[Wife’s] Affidavit of [Counsel] fees as reasonable. As for 

[Husband’s] ability to pay the [counsel] fee, testimony was 

presented at the hearing or previous hearings that 

[Husband] earns in excess of $100,000.00 a year.

Id. at 7-8. We conclude this was not an abuse of discretion.

In his third issue, Husband claims the trial court should have 

addressed his motion to recuse before ruling on the amended petition.6

On March 8, 2016, Husband filed a motion to recuse Judge Cartisano.7 

The caption of this motion states “[i]n custody,” rather than “in divorce.” 

Judge Cartisano did not rule on it prior to denying the amended petition to 

vacate. At the end of the March 11, 2016 hearing, Judge Cartisano and the 

parties agreed to re-schedule a hearing in the custody matter because 

Husband had filed a notice of appeal in the custody matter, which divested 

the trial court of jurisdiction. N.T., 3/11/16, at 120-22. The trial court also 

discussed the motion to recuse, which it stated was filed in the custody 

matter. Id. at 122.8 The trial court noted it would set a hearing for the 

motion after this Court released the case. Id. Husband did not object. Id.

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6 Although we have found no order denying the recusal motion in the 

certified record, the parties agree that Judge Cartisano eventually denied the 

motion. Husband’s Br. at 40; Wife’s Br. at 7.

7 This case was re-assigned to Judge Cartisano in October 2015, 

following the recusal of the Honorable Barry C. Dozer. 1925(a) Op. at 2. 

8 On March 14, 2016, Wife filed a response to the motion to recuse. 
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at 122-23. Based on this procedural posture, we conclude the trial court did 

not abuse its discretion in not addressing the motion prior to ruling on the 

amended motion to vacate.

In his fourth issue, Husband claims the trial court abused its discretion 

in failing to create a constructive trust. 

At the hearing on the amended petition to vacate, Husband made an 

oral motion for a constructive trust. The trial court noted that Husband 

could not request a constructive trust by oral motion, stating: “What is 

before me is a Petition to Open the Divorce Decree because of fraud. That 

may or may not be pertinent, but it’s the petition that’s been filed.” N.T., 

3/11/16, at 7. The trial court denied the motion, but stated: “[Y]ou have 

the right to file, if you feel that section is pertinent.” Id. at 8.

We conclude the trial court did not abuse its discretion in denying the 

oral motion for constructive trust and informing Husband he could file an 

petition seeking a constructive trust if pertinent. 

Order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 7/14/2017