HomeMy WebLinkAbout02-3621
MICHELE LYNN RESUTA
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
02-3621 CIVIL ACTION LAW
CABOT LANE RESUTA
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Thursday, August 01, 2002
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq.
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 15, 2002
, the conciliator,
at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define arid narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Hubert X. Gilro~. Esq. }/.....
Custody Conciliator (
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
; NO. oJ,. - CML TERM
: ~".;J..{
CIVIL ACTION - LAW
ACTION FOR DIVORCE I CUSTODY
MICHELE LYNN RESUTA,
PLAINTIFF
CABOT LANE RESUTA,
DEFENDANT
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed
without you and a decree of divorce or annulment may be entered against you by the court. A judgment
may also be entered against you for any other claim or relief requested in these papers by the plaintiff.
You may lose money or property or other rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE mIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET
FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle PA 17013
(717) 249-3166
1-800-990-9108
MICHELE LYNN RESUTA,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYL VANIA
VS.
.
; NO. OJ. - CML TERM
3";'"
: CML ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
CABOT LANE RESUTA,
DEFENDANT
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301W OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, MICHELE LYNN RESUT A, by and through her
counsel, Susan Kay Candiello, Esquire, of the Law Finn of Susan Kay Candiello, P.C., and makes
the following consolidated complaint in divorce for divorce and custody.
I. Plaintiff is MICHELE LYNN RESUT A, an adult individual, who temporarily
resides at the home of her mother at 423 Eutaw Avenue, New Cumberland, Cumberland County,
Pennsylvania, 17070. The Plaintiff has resided in Cumberland County for over five (5) years.
2. Defendant is CABOT LANE RESUTA, an adult individual, who currently
resides at 218 North 27th Street, Camp Hill, Cumberland County, Pennsylvania, 1701 I.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully married on May 29, 1993.
5. There have been no prior actions of divorce or for annulment between the parties
except this Complaint filed for divorce.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
8. Neither Plaintiff nor Defendant was a member of the United States Military
Services.
9. Plaintiff and Defendant have two (2) children from their marriage, CAMERON
LANE RESUTA, born March 27, 1995, and NOAH BRAEDEN RESUTA, born May 2,1999.
COUNT I - REOUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3301((:) OF TRF. DIVORCE CODE
thereto.
10. Paragraphs I through 9 of this Complaint are incorporated herein by reference
II. After ninety (90) days have elapsed from the date of filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may
also file such an affidavit.
WHEREFORE, ifboth parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, MICHELE LYNN
RESUT A, respectfully requests the court to enter a Decree of Divorce pursuant to section 330 I (c)
of the Divorce Code.
COUNT II - REOUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
UNDER SECTION 3701(a) and 3702 OF THE DIVORCE CODDE
12. Paragraphs I through II of this Complaint are incorporated herein by reference
thereto.
13. Plaintiff is unable to sustain herself during the course oflitigation.
14. Plaintiff lacks sufficient property to provide for her reasonable needs and is
unable to sustain herself through appropriate employment.
I 5. Plaintiff requests the Court to enter an award of spousal support until final hearing
and thereupon to enter an order of alimony in her favor pursuant to Section 3701(a) and 3702 of
the Divorce Code.
WHEREFORE, Plaintiff, MICHELE LYNN RESUT A, respectfully requests the Court
to enter an award of spousal support until final hearing and thereupon to enter an order of
alimony in her favor pursuant to Section 3701 (a) and 3702 of the Divorce Code.
COUNT m - REOUEST FOR EOUITABLE DISTRIBUTION OF
MARITAL PROPERTY UNDER SECTION 3502(8) OF THE DIVORCE CODE
thereto.
16. Paragraphs I through 15 of this Complaint are incorporated herein by reference
17. The Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff, MICHELE LYNN RESUTA, respectfully requests the Court
to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the
Divorce Code.
COUNT IV - REOUEST FOR CONFIRMATION OF CUSTODY
UNDER SECTIONS 3104(8)(2) and 3323(b) OF THE DIVORCE CODE
18. Paragraphs I through 17 of this Complaint are incorporated herein by reference
thereto.
19. The parties are the parents of the following unemancipated children who reside
with the Plaintiff:
NAME
AGE
SEX
CAMERON LANE RESUTA
DATE OF BIRTH
7 years
Male
March 27,1995
NOAH BRAEDEN RESUTA
3 years
Male
May 2, 1999
20. During the past five (5) years the children have resided with the parties and at the
addresses herein indicated:
WITH WHOM
ADDRESS
Plaintiff and Defendant
FROM / TO
Plaintiff and Defendant
46II Florence Avenue
Mechanicsburg, P A
218 North 27th Street
Camp Hill, P A
Birth to April 1996
April 1996 to
July 21, 2002
Plaintiff and Maternal Grandmother 423 Eutaw Avenue
New Cumberland, P A
July 21, 2002 to Present
21. Plaintiff has not participated in any other litigation concerning the children in this
or any other state.
22. There are no other proceedings pending involving custody of the children in this
or any other state.
23. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the children or who claims to have custody, partial custody or visitation rights with
respect to the children.
24. The best interests of the children will be served if both Plaintiff and Defendant
have Shared Legal Custody, with Plaintiff having Primary Physical Custody and Defendant
having Partial Physical Custody of their children.
WHEREFORE, Plaintiff, MICHELE LYNN RESUTA, respectfully requests that,
pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order
confirming Shared Legal Custody with Plaintiff, MICHELE LYNN RESUT A, and Defendant,
CABOT LANE RESUTA, Primary Physical Custody with Plaintiff, MICHELE LYNN
RESUTA, and Partial Physical Custody with Defendant, CABOT LANE RESUTA, of the
parties' two (2) minor children, CAMERON LANE RESUTA and NOAH BRAEDEN
RESUTA.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.c.
Dated: July DtI.D, 2002
Susan Kay Can
Counsellor P 'nt'
PA I.D. # 64998
5021 East Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
YJ;RlFICATIQN
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities.
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MICHELE LYNN RESUTA,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYL VANIA
vs.
: NO. 02-3621 CIVIL TERM
CABOT LANE RESUTA,
DEFENDANT
: CIVIL ACTION - LAW
: ACTION FOR DIVORCE I CUSTODY
ACCEPTANCE OF SERVICE
I, Carol J. Lindsay, Esquire, counsel for the Defendant in the above-captioned
divorce/custody matter, accept service of the Complaint for No-Fault Divorce Under Section
3301(c) of the Divorce Code, and certify that I am authorized to do so.
Dated: ~ '&" W(}V
Carol J. Lin .Y quire
Counsel for Defendant
PA I.D. # Lly(oq 3>
26 West High Street
Carlisle PA 17013
(717) 243-6222
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SEP 2 3 2002
MICHELE LYNN RESUT A,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
CABOT LANE RESUT A,
Defendant
NO.02-3621 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this 2. yO' day of September, 2002, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall submit themselves and the minor children to a custody
evaluation to be perfonned by the Offices of Riegler Shienvold & Associates.
This shall be an independent evaluation with the evaluator having the ability
to share the results of the evaluation with both parties and with legal counsel
for both parties. Father shall pay the costs for the evaluation subject,
however, to the Father reserving the right to ask the court at a later date to
entertain a request to allocate a portion of the cost of the evaluation to the
Mother.
2. Upon the conclusion of the evaluation and in the event the parties are unable
to reach an agreement on custody at that time, counsel for either party may
contact the conciliator directly to have the case scheduled again with the
custody conciliator.
3. Pending further order of this court, the following temporary custody order is
entered:
A. Mother, Michele Lynn Resuta, and the Father, Cabot Lane Resuta,
shall enjoy shared legal custody of Cameron Lane Resuta, born March
27,1995; and Noah Braeden Resuta, born May 2,1999.
B. The parties shall also share physical custody of the minor children
under the schedule as set forth in this order.
C. Father shall have physical custody of the minor children on every
Saturday from 2:30 p.m. until Sunday at 8:00 p.m., every Wednesday
at 2:30 p.m. until Thursday at 8:00 p.m. and every Friday at 2:30
p.m. until 8:00 p.m.
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D. Mother shall have physical custody of the minor children at such times
that are not set forth as Father's time in Paragraph 3C above.
E. The non-custodial parent will pick up the minor children at the other
parent's home or daycare provider, as appropriate.
F. The parties may modify this custody schedule if they agree. Absent
any agreement, this schedule shall control.
4. In the event the parties are unable to work out an arrangement for
Thanksgiving and Christmas vacation, legal counsel for the parties may
contact the custody conciliator and conduct a telephone conference call
conciliation on those issues.
BY THE COURT,
cc:
Susan Kay Candiello, Esquire
Carol J. Lindsay, Esquire
J.
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MICHELE LYNN RESUT A,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
CABOT LANE RESUTA,
Defendant
NO. 02 - 3621 CIVIL
IN CUSTODY
Prior Judge:
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent infonnation pertaining to the children who are the subject of this
litigation is as follows:
Cameron Lane Resuta, born March 27, 1995; and Noah Braeden Resuta, born May
2,1999.
2. A Conciliation Conference was held on September 16, 2002, with the following
individuals in attendance:
The Mother, Michele Lynn Resuta, with her counsel, Susan Kay Candiello, Esquire;
and the Father, Cabot Lane Resuta, with his counsel, Carol J. Lindsay, Esquire.
3. The parties have been separated since July. They have a very erratic work schedule.
There are a number of issues that the parties cannot agree upon. Father wants to
have an evaluation done, and Mother does not even agree with that. Father is
prepared at this time to advance the costs of an evaluation with the understanding
that he may request the court at a later date to have the court allocate the costs. The
conciliator believes the evaluation is an appropriate tool in this particular case.
Based upon the rather erratic work schedule of the parties and an assumption that
both parties had somewhat equal input with the children prior to separation, the
conciliator recommends the entry of an order in the fonn as attached.
9{.J J ifJ
DATE
OCT 3 0 200~
MICHELE LYNN RESUT A,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
CABOT LANE RESUT A,
Defendant
NO. 02 - 3621 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this ../'" day of A;~ , 2002, upon consideration of
the attached Custody Conciliation Report, it is ordered and directed that the prior custody
order entered in this case shall remain in effect with the following paragraph added to the
order:
5. In the event either parent has custody of the minor child and is required to go
to work or otherwise not be with the minor child for a period of 5 hours or
more, that parent must contact the other parent and offer them the first
opportunity to provide daycare for the minor child.
In all other respects, the prior custody order in this case shall remain in effect.
BY TIm C:;:J
Ke n A. Hess
J.
cc:
Carol J. Lindsay, Esquire
Susan Kay Candiello, Esquire
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MICHELE LYNN RESUT A,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LAW
CABOT LANE RESUT A,
Defendant
NO. 02 - 3621 CIVIL
IN CUSTODY
Prior Judge: Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The conciliator conducted a telephone conference call with legal counsel for the
parties in this case on October 28, 2002. Mother requested the conciliator to revisit
the September interim custody order because of problems that have arisen over the
past 4 weeks. Father suggested the order should remain the same pending the
completion of an evaluation and a recommendation from Dr. Shienvold. These
parties have difficulty agreeing on matters relating to their children, and the erratic
work schedule of both parties makes the case that much more difficult and resulted
in the rather complicated recommendation of the conciliator for an interim order.
2. The conciliator believes that a right of first refusal provision to be implemented into
the order will be appropriate. However, in light of the fact that the conciliator just
conducted an in person conference in September in this case, the conciliator is not
inclined to recommend any further modification. Counsel for the mother was
advised that she could file a petition for special relief directly with the court if
necessary .
3. The conciliator recommends the entry of an order in the fonn as attached.
IO(~ Pi( g;}
DATE
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
MICHELE L. RESUTA,
Plaintiff
CABOT L. RESUT A,
Defendant
PACSES NO. 8311104707
NO. 646 SUPPORT 2002
V.
MICHELE L. RESUTA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
CABOT L. RESUT A,
Plaintiff
INTERIM ORDER OF COURT
AND NOW, this 25th day of November, 2002, upon consideration
of the Support Master's Report and Recommendation, a copy of which is
attached hereto as Exhibit "A", it is ordered and decreE~d as follows:
A. The husband shall pay to the State Collection and Disbursement Unit
for transmission to the wife as support for his children, Cameron L.
Resuta, born March 27, 1995, and Noah B. Resuta, born May 2, 1999,
the sum of $575.00 per month.
B. The husband shall pay to SCDU an additional sum of $25.00 per
month on the arrearages until paid in full.
C. The husband shall receive a credit on arrearages of $108.70.
D. The husband shall pay 44% of the unreimbursed medical expenses
incurred by said children as that term is defined in Pa. R. C. P. 1910.16-
6(c). The wife shall pay the balance of said expenses.
E. The wife's claim for spousal support is denied.
F. The husband's claim for alimony pendente lite is denied.
G. The effective date of this order is July 24, :2002.
H. Except as modified herein, the order of September 4,2002, shall
remain in full force and effect.
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The parties are hereby advised that they may me written exceptions to the
Support Master's Report and Recommendation within ten (10) days of this order.
Exceptions shall conform with the requirements of Rule 191 0.12(f), Pa. R. C. P. If
written exceptions are filed by any party, the other party may file exceptions
within ten (10) days of the date of service of the original exceptions. If no
exceptions are filed within ten (10) days of this interim order, this order shall then
constitute a final order.
By the Court,
7'~~
Kevin A. Hess, J.
CC: Michele L. Resuta
Cabot L. Resuta
Susan K. Candiello, Esquire
F or the Wife
Carol J. Lindsay, Esquire
For the Husband
DRO
MICHELE L. RESUTA,
Plaintiff
V,
CABOT L. RESUT A,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
PACSES NO. 831'104707
NO. 646 SUPPORT 2002
CABOT L. RESUTA,
Plaintiff
V,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: PACSES NO. 296'105026
: NO. 02-3621 CIVIL TERM
MICHELE L. RESUTA,
Defendant
SUPPORT MASTER'S REPORT AND RECOMMENDATION
Following a hearing held before the undersigned Support Master on
November 21, 2002, the following report and recommendation are made:
FINDINGS OF FACT
1. The wife is Michele L. Resuta, who resides at 3419 Green Street,
Camp Hill, Pennsylvania.1
2. The husband is Cabot L. Resuta, who resides at 218 North 27th Street,
Camp Hill, Pennsylvania.
3. The parties are husband and wife, having married on May 29, 1993.
4. The parties are the parents of two minor children, Cameron L. Resuta,
born March 27,1995, and Noah B, Resuta, born May 2,1999, both of
whom reside with the wife.
5. The parties separated on July 21, 2002, when the wife left the marital
residence with the children.
6. On July 24, 2002, the wife filed a complaint for spousal support and for
child support to the case docketed to 646 Support 2002.
1 The wife is the Plaintiff in the support action and the Defendant in the divorce action. Consequently, the
parties will be referred to as the wife and the husband to avoid confusion.
Exhibit "A"
7. The husband filed an action for divorce to the case docketed to 02-
3621 Civil Term and on November 8, 2002, filed a claim for alimony
pendente lite in that action.
8. The wife is employed as a hair stylist for a salon in Camp Hill,
Pennsylvania, and receives compensation in the form of commission
on income generated by her for the salon.
9. The wife also receives income in the form of tips.
10. During the six-month period of May through October, 2002, the wife
had gross commissions totaling $15,153.00, which averages
$2,525.50 per month.
11. The wife had average tips of $75.00 per week or $322.50 per month.
12. The wife pays child care expenses of $109.~;5 per week.
13. The husband is employed as a seafood manager for Karns Quality
Foods.
14. The husband has net monthly income of $1 ,936.00.2
15. The husband continues to reside in the jointlly-owned marital residence
which is encumbered by a mortgage.
16. The monthly mortgage payment on the residence is $1,163.76, which
includes principal and interest only.
17. Real estate taxes on the marital residence average $122.22 per month
and homeowner's insurance averages $18.50 per month.
DISCUSSION
Both parents are liable for the support of their children and must contribute
to their support in accordance with their relative incomes and ability to pay. Qmm
v. Holland, 636 A.2d. 204 (Pa. Super. 1994).
The wife is employed as a hair stylist and is paid on commission basis, not
on an hourly wage. She gets a percentage of the income that she generates for
her employer. In addition she receives tips from her clients. Because her weekly
income is never the same, an average of her income over the last six months
2 The parties stipulated to the husband's net monthly income as calculated at the support conference. His
gross monthly income is $2,931.00.
(May through October, 2002) will be utilized to compute her net monthly income.3
Her gross income from commissions over that period of time was $15,153.00.
This results in an average of $2,525.50 per month. In addition the wife's tips
averaged approximately $322.50 per month. Combined the wife's average gross
monthly income is $2,848.00.
Filing a federal tax return as head of household and claiming both children
as dependency exemptions, the wife has net monthly income of $2,418.00.4
Utilizing the net monthly incomes of the parties as set forth above, the
basic support requirement for two children is $1,215.00.5 The husband's
proportionate share of that figure is $540.00. The wife testified that she incurs
child care expenses of $109.55 per week. This testimony was not contradicted
by the husband. The husband's proportionate share of that expense adds
$189.00 to his monthly support obligation. The husband's total child support
obligation calculated pursuant to the guidelines is $729.00 per month.6
Because the wife's net monthly income exceeds that of the husband, she
is not entitled to an award of spousal support?
The husband has filed a claim for alimony pendente lite in the divorce
action. Alimony pendente lite is designed to provide a dependent spouse
sufficient funds to prosecute or defend a divorce action. Litmans v. Litmans, 673
A.2d. 382 (Pa. Super. 1996). Before a calculation of alimony pendente lite is
made, a determination must be made as to the Claimant's entitlement to the
award. Clouse v. Clouse, 50 Cumberland L.J. 167 (2001). Factors to be
considered in determining entitlement to the award include the separate estate
and income of the Claimant, the ability of the other party to pay, and the
character, situation, and surroundings of the parties. !.itmans v. Litmans, supra.
An award of APL is not appropriate where the Claimant has assets or income
which sufficiently equalize the financial ability of the parties to pursue the divorce
action. Javne v. Javne, 663 A.2d. 169 (Pa. Super. 1995).
As stated above the net monthly income of the wife as calculated in this
report exceeds the net monthly income of the husband as stipulated by the
parties by approximately $482.00 per month. This is primarily because of the
wife's tax filing status and ability to benefit from claiming both children as
dependency exemptions. The gross annual incomes of the parties, however, are
3 Monthly gross income is ordinarily based upon at least a six-month av,erage of all of a party's income.
Pa. RC.P. 19IO.l6-2(a).
4 See Exhibit A for the tax deductions from gross income. The husband's figures on this exhibit are to be
ignored as the parties stipulated that his net monthly income was $1,936.00.
5 Pa. RC.P. 1910.16-3
6 See Exhibit B for the guideline calculation.
7 Pa. RC.P. 1910.16-4
relativelyequal.8 The incomes of the parties are not viewed by this Master as
being so disparate as to require the entry of an award of alimony pendente lite.
A recommendation will be made to deny both the wife's claim for spousal
support and the husband's claim for alimony pendente lite. A child support order
will be recommended effective July 24,2002.9 As set forth above the guideline
award of child support would be $729.00 per month. A support order calculated
pursuant to the guidelines is presumed to be correct, but the presumption may be
rebutted by evidence that the guideline figure is unjust or inappropriate under the
circumstances of the case. Landis v. Landis, 691 A.2dl. 939 (Pa. Super. 1997).
Factors for the trier of fact to consider in deciding whether to deviate from the
guideline award are set forth in Pa. R C. P. 1910.16-5. One of these factors is
unusual fixed obligations of a party.10 When these parties were together, their
joint incomes were more than adequate to support a monthly mortgage inclusive
of real estate taxes and homeowner's insurance in excess of $1,300.00 per
month. However, the husband's income alone is clearly not sufficient to make
this payment after payment of a child support obligation. This will be viewed as
an unusual fixed obligation. Consequently a downward deviation will be
recommended to set the husband's child support obligation at $575.00 per
month.11
RECOMMENDATION
A. The husband shall pay to the State Collection and Disbursement
Unit for transmission to the wife as support for his children,
Cameron L. Resuta, born March 27, 1995, and Noah B. Resuta,
born May 2, 1999, the sum of $575.00 per month.
B. The husband shall pay to SCDU an additional sum of $25.00 per
month on the arrearages until paid in full.
C. The husband shall receive a credit on arrearages of $108.70.
D. The husband shall pay 44% of the unreimbursed medical expenses
incurred by said children as that term is defined in Pa. RC.P.
1910.16-6(c). The wife shall pay the balance of said expenses.
E. The wife's claim for spousal support is delnied.
8 The wife's average gross monthly income 0[$2,848.00 would result in a gross annual income of
$34, I 76.00 while the husband's gross monthly income of $2,93 1.00 would result in a gross annual income
of$35, 172.00.
9 The parties have stipulated that the husband is to be given a credit towards arrearages of $108.70, not the
$341.52 which was credited in the interim order of September 4, 2002.
10 Pa. R.c.P. 191O.16-5(b)(1)
11 In the event the marital residence is sold or the wife's interest in the martial residence is transferred to the
husband, this will constitute a material and substantial change of circumstances sufficient to justify a
modification of the order.
F. The husband's claim for alimony pendente lite is denied.
G. The effective date of this order is July 24, 2002.
H. Except as modified herein, the order of September 4, 2002, shall
remain in full force and effect.
~ oll-e.-\M-kv 2...2. \ 2-CV 2-
Date
~"L~QP. iL(L~
Michael R. Rundle
Support Master
In the Court of Common Pleas of Cumberland County, Pennsylvania
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
Tax Year:
Michele L. Resuta
. Cabot L. Resuta
646 S 2002
831104707
1. Fling Status
3
$2,848.00
6. Deduction Amount
7. Exem tion Amount
8. Income MINUS Deductions and Exem tions
9. Tax on Income
10. Child Tax Credit
11. Manual Ad'ustments to Taxes
12. Federal Income Taxes
12 a. Earned Income Credit
13. State Income Taxes
14. FICA Pa ments
15. City Where Taxes Apply
$327.08
$250.00
-$577.08
$575.00
$750.00
$1,523.00
$186.78
$83.34
$103.44
$79.74
$217.88
--Select--
TOTAL Taxes
$28.48
$429.54
16. Local Income Taxes
SupportCalc 2002
Exhibit "A"
In the Court of Common Pleas of Cumberland County, Pennsylvania
$1,936.00
$1,936.00
$4,354.46
$1,215.00
44.46
$540.19
$188.83
Ius Lines 10,11,12,13
$729.02
Date:
$729.02
11/22/2002
Monthly:
$729.02
Exem
57. Total Support Amount if Deviating from Guidelines Calculation
Monthly:
2
$2,848.00
$429.54
$2,418.46
Weekly:
$167.78
tions
1
3
Weekly:
58. Justification for Deviatina from Guidelines Calculation and/or Other Case Comments:
SupportCa/c 2002
Exhibit "S"
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
MICHELE L. RESUTA,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOMESTIC RELATIONS SECTION
CABOT L. RESUTA,
Defendant
PACSES NO. 831104707
NO. 646 SUPPORT 2002
CABOT L. RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DOMESTIC RELATIONS SECTION
MICHELE L. RESUTA,
Defendan t
PACSES NO. 29610526
NO. 02-3621 CIVIL TERM
EXCEPTIONS TO THE INTERIM ORDER OF COURT
OF NOVEMBER 25, 2002 PURSUANT TO
PA. R.C.P. 1910.112(f)
1. The Master erred as to findings of fact and conclusions of law
when he found Plaintiffs gross monthly income averaged $2,525.50 per
month.
2. The Master erred when he included tips which Plaintiff does not
report on her tax return as taxable income.
3. The Master erred when he concluded that, although Plaintiffs
net monthly income exceeds Defendant's, Defendant is not entitled to
alimony pendente lite.
4. The Master erred when he did not grant to Defendant alimon
. . c:::l
) ".,
, c->
pendente lite along with a share of the mortgage, taxes andins,u nc cost
with which the Defendant has been left.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS.AT-LAW
26 W. High Street
Carlisle, P A
5. Although the Master did not err in granting a downward
deviation, the deviation was not sufficient to provide a benefit denied by the
refusal of the Master to order alimony pendente lite with a share of the
mortgage obligation.
6. The Master erred in determining that Defendant had an
obligation to pay a share of daycare expense from the date of filing.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Defendant
SAlOIS
SHUFF, FLOWER
& LINDSAY
A1TORNEYSaAT.LAW
26 W. High Street
Carlisle. P A
MICHELE L. RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
VS.
CABOT L. RESUTA,
Defendant
PACSES NO. 831104707
NO. 646 SUPPORT 2002
CABOT L. RESUTA,
Plain tiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
DOMESTIC RELATIONS SECTION
MICHELE L. RESUTA,
Defendant
PACSES NO. 29610526
NO. 02.-3621 CIVIL TERM
CERTIFICATE OF SERVICE
AND now, this yScUt day of ~1.~'
2002, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER &
LINDSAY, Attorneys, hereby certify that I served the within Exceptions to the Interim
Order of Court this day by depositing same in the United States Mail, First Class,
Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Susan K. Candiello, Esquire
5021 Trindle Road
Mechanicsburg, PA 17055
SAlOIS, SHUFF, FLOWER & LINDSAY
Attorneys for Defendant
/'
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:rJ\jy)._(i~j':.;d
MICHELE L. RESUT A,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CABOT L. RESUTA,
DEFENDANT
PACSES NO. 831104707
: 646 SUPPORT 2002
CABOT L. RESUT A,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHELE L. RES UTA,
DEFENDANT
~ PAc%NO.296105026
: ~621 CIVIL TERM
AND NOW, this
ORDER OF COURT
~f'r-- day of December, 2002, both husband and
wife having filed exceptions to the Support Master's Report in both of the above-
captioned cases, this court's briefing order of December 17,2002, is amended to
provide that each exceptant shall file a brief not later than fifteen (15) days from the date
the transcript is filed with reply briefs being filed not later than thirty (30) days from the
date the transcript is filed. All other provisions of the order of December 17, 2002, shall
remain in full force and effect.
Maria P. Cognetti, Esquire
For Michele L. Resuta
Carol J. Lindsay, Esquire
For Cabot L. Resuta
:sal
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MICHELE L. RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOMESTIC RELATIONS SECTION
CABOT L. RESUTA,
Defendant
PACSES NO. 831104707
NO. 646 SUPPORT 2002
CABOT L. RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOMESTIC RELATIONS SECTION
MICHELE L. RESUTA,
Defendant
PACSES NO. 296105026
NO. 02-3621 CIVIL TERM
IN RE:
TRANSCRIPT OF PROCEEDINGS
Proceedings held before
Michael R. Rundle, Esquire, Support Master
Cumberland County Domestic Relations Office
9 North Hanover Street, Carlisle, Pennsylvania
on Thursday, November 21, 2002, commencing at 1:30 p.m.
in the Support Master's Hearing Room
APPEARANCES:
Susan K. Candiello, Esquire
For Michele L. Resuta
Carol J. Lindsay, Esquire
For Cabot L. Resuta
1 THE MASTER: We're here in the matter of
2 Michele L. Resuta versus Cabot L. Resuta, case docketed to
3 646 Support 2002. Before me is a complaint for spousal
4 support and child support filed July 24, 2002, for the
.5 support of two children, Cameron L. Resuta, born March 27,
6 1995, and Noah B. Resuta, born May 2, 1999.
7 Also before me is a claim filed by Cabot Resuta
8 for alimony pendente lite to the divorce action docketed to
9 2002-3621 Civil Term.
10 The parties are stipulating that the husband's
11 net monthly income is $1,936.00. They are stipulating
12 further that in the child support case the husband shall
13 get a credit towards arrears of $108.70.
14 Am I correct on the stipulations, Ms. Candiello?
15 MS. CANDIELLO: Yes.
16 THE MASTER: Ms. Lindsay?
17 MS. LINSDAY: Yes.
18 THE MASTER: We'll take testimony then from
19 the parties. We'll use this as the witness chair. Ms.
20 Candiello, you may proceed.
21 Whereupon,
22 MICHELE LYNN RESUTA
23 having been duly sworn, testified as follows:
24 DIRECT EXAMINATION
25 BY MS. CANDIELLO:
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Q Michele, you work where?
THE MASTER: State your full name and your
address, please.
THE WITNESS: Michele Lynn Resuta, 3419
5 Green Street, Camp Hill, PA, 17011.
6 BY MS. CANDIELLO:
Q
And are you employed?
A Yes.
Q Where are you employed?
A Salon 2020.
Q How long have you been employed there?
A Two and a half years.
Q What is your occupation?
A Hairstylist.
Q And what is your hourly rate that you're
paid?
A I'm paid commission.
Q Then can you explain how that works?
A Whatever I bring in for the week, I get.
Q When you say what you bring in, does that
mean --
A Like total perms, haircuts, everything.
What I charge the client, the total for the end of the week
I get a percentage of it. I get 65 percent.
Q And do you receive any other compensation
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there?
A
Q
A
sorry. Yes.
Q
'No.
Do you receive tips or anything like that?
Oh, I'm sorry, yes. Tips. Yes. Tips. I'm
THE WITNESS: How many?
THE MASTER: The most recent one.
BY MS. CANDIELLO:
Q And this most recent wage statement, if I'm
correct in understanding, would reflect from October 29th,
2002, through November 9th, 2002, and would you read your
earnings and how it was calculated?
THE MASTER: Stop. If you're going to
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introduce something, please have it marked as an exhibit.
Does it have year-to-date?
MS. CANDIELLO: No.
THE MASTER: It's useless.
MS. LINDSAY: I think I might be --
MS. CANDIELLO: This is all I have, all the
wage statements. Do you have your income tax return?
THE WITNESS: Yes.
MS. CANDIELLO: That would give us 2001.
THE MASTER: Ma'am, do you have any way of
telling me how much money you have earned thus far as a
stylist at Salon 2020 through today's date?
THE WITNESS: Yes, I did this. Here's one
dated 1/5. I don't have my check stubs from the beginning
of the year. I wrote down from my boss
THE MASTER: Can you tell me how much money
you've earned this year?
THE WITNESS: Do you want gross?
THE MASTER: I want gross.
(Whereupon, a recess was taken.)
THE MASTER: Back on the record. You may
continue, Ms. Candiello.
BY MS. CANDIELLO:
Q You were describing how you worked by
. commission.
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A Urn-hum.
Q And you get paid weekly?
A Bi-weekly.
Q Bi-weekly. So they total all your
commissions and then they give you 65 percent?
A Urn-hum.
Q You also make tips?
A Urn-hum.
Q For purposes of the support conference did
you reach an agreement as to how many -- the average amount
of tips you make each day?
A Urn-hum.
Q And what was that amount?
A $15.00.
Q $15.00 a day? Do you think that's a fair
average or a fair estimate of the tips that you make each
day you work?
A Yes.
Q And beginning October 1st, how many days are
you working?
A A week?
Q Urn-hum.
A Thirty-nine and a half.
Q Thirty-nine and a half hours?
A Urn-hum.
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Q And you're working five days a week?
A Yes.
Q Prior to October 1st, how many hours were
you working?
A Thirty-four.
Q Thirty-four hours. And how many days a week
were you working?
A Four.
Q Four days. When did you begin working four
days and thirty-four hours?
A The thirty-four hours would have started in,
I believe, the end of July, but it was still four days.
It's just I increased the hours in some of those days.
Q Now, other than your work at the beauty
salon, Salon 2020, and your tips there, do you have any
other income?
A Just the child support.
Q We were unable to duplicate the numbers that
Amy Ickes reached at the support conference, is that
correct, when we were back doing all the math?
A Apparently.
MS. CANDIELLO: So for purposes -- and I'm
not sure how we can enter wage statements. I don't know
what information you want in order to give you those
numbers because we can't duplicate what Amy Ickes did.
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THE MASTER: Ms. Candiello, I want testimony
on how much money she has earned. Any way you want to
present it is acceptable.
MS. CANDIELLO: Okay.
BY MS. CANDIELLO:
Q We have a certain amount of payroll
statements here and then we have a document here where you
wrote down what?
A From August of 2001 up until July of 2002.
Q Very briefly what I would like you to enter
into testimony is the gross amount you have made in the
months beginning April, 2002.
THE MASTER: Ms. Candiello, can we have the
document perhaps photocopied or marked as an exhibit rather
than having her just read from it?
MS. CANDIELLO: If we can have it
photocopied.
BY MS. CANDIELLO:
Q Is this a document you created from your
wage statements?
A From the copies of these, yes.
Q And you created this yourself?
A Yes.
MS. CANDIELLO: Can we enter this as
Plaintiff's Exhibit No.1.
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(Whereupon, Plaintiff's Exhibit No. 1 was
marked for identification.)
BY MS. CANDIELLO:
Q Now, on this document it gives your gross
earnings from what date to what date?
A August 7th of 2001 to July 23rd of 2002.
MS. CANDIELLO: Now, we have numerous actual
wage statements here. Can we enter them as one exhibit, as
a group?
THE MASTER: You want me to keep them?
That's fine. Have them stapled together and marked as an
exhibit.
(Whereupon, Plaintiff's Exhibit No.2 was
marked for identification.)
BY MS. CANDIELLO:
Q Now, this is marked Plaintiff's Exhibit 2.
Would you identify this for the Court?
A They're my pay stubs.
Q From what date to what date?
A From August 6th through November 12th.
Q Of 2002?
A 2002, yes.
Q Do you plan on continuing to work
thirty-nine and a half hours --
A Yes.
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Q in the future?
A Yes.
Q And since you began working thirty-nine and
a half hours, have you noticed any change in your tips?
A Well, there would be $15.00 a day added to
it because of the Monday.
Q So there will be an additional day that you
will make an additional $15.00?
A Yes.
Q Since you started working full-time, have
there been any additional deductions from your income?
A Yes, health insurance.
Q And what's that amount that's now being
deducted?
A $69.72 each pay, which would be bi-weekly.
THE MASTER: I missed that amount.
THE WITNESS: $69.72 bi-weekly.
THE MASTER: Did you say 50 or 60?
THE WITNESS: $69.72.
THE MASTER: When did that start?
THE WITNESS: October. 15th.
THE MASTER: Was there health insurance at
all before that date?
THE WITNESS: Not that I was paying for, no.
BY MS. CANDIELLO:
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Q Now, as a result of your working an
additional day, has there been a change in your day care?
A Well, I'm paying for it solely on Mondays.
Q And now you're not paying for it solely on
Mondays?
A No, I still am. In other words, he doesn't
have to pay on Mondays.
Q But--
A Because I wasn't working.
Q What is the amount of your weekly day care
costs since you started working five days a week?
A It's the same, $109.55.
Q And that's for both children?
A No, Noah, the younger one. The older one is
in second grade.
Q That's for three days of day care, but now
that you're working Monday, do you have to pay any for __
A No, he has always gone on Mondays. It's
just that I wasn't working Mondays before, now I am.
Q But now you're asking to have a claim of
$109.55 for day care for Noah?
A Just the Monday portion. He was paying
towards Tuesday.
MS. CANDIELLO: We'll leave it calculated.
We want that amount. I have no further questions.
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CROSS-EXAMINATION
BY MS. LINDSAY:
Q Let me start with the health insurance.
Cabot covers you and the children through his employer. Is
that correct?
A Urn-hum.
Q And always has?
A Uh-huh.
Q And so you just added this health insurance
for yourself only?
A Yes.
Q It is not for the children?
A No.
Q Is there a reason you wanted to add it even
though he covers you?
A Because open enrollment was November 1st,
and I wasn't sure exactly when the divorce would be final,
and I didn't want to be without insurance. And also Cabot
hasn't disclosed the change of his insurance to me, so I
don't have any information of his insurance to cover me.
Q I want to try to get an understanding of the
payroll amounts you've entered into evidence. Let me just
ask you about the hours you've worked because those have
shifted since the beginning of this year, have they not?
A Urn-hum.
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Q So if we just start on January 1st, can you
tell me how many hours per week you were working on January
1st? They're not revealed on your pay stubs also. Is that
correct?
A That's correct.
Q So this has to be out of your memory, right?
A Right.
Q So how many hours were you working on
January 1st or thereabouts?
A (No audible response.)
Q Let me see if I can lead you here. From
what I recall from the support conference you were working
about twenty-seven hours a week at the beginning of the
year. Does that sound right to you?
A I think it was less.
Q Less than twenty-seven?
A I think it might have been like maybe
twenty-four.
Q And would you agree with me that
approximately April 1st you started working thirty-five
hours a week? Does that sound right to you?
A October 1st.
Q April 1st?
A April 1st?
Q Or thereabouts.
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A No, it wasn't thirty-five.
Q Well, I think at the support hearing you
testified that you were working Tuesday from 9 to 5,
Wednesday from 9 to 9, Thursday from 9 to 6, Friday from
5:30 to 9, and then sometimes on every third Thursday.
When did that start then?
A Not in April I wasn't.
Q When did that start then?
A I think it was the end of July, beginning of
August --
Q Okay.
A -- is when I would have worked thirty-five
hours, thirty-four hours.
Q So you think you started working on August
1st thirty-four, thirty-five hours a week?
A Yes.
Q And then you have recently moved to
thirty-nine and a half hours. And when did you start that?
A The end of September.
Q Now, I'd like you to think about this
because I think this is at the heart of our problem here.
Are you sure that you weren't working the schedule I just
read to you after April, at about April?
A Which schedule was that?
Q Tuesday 9:30 to 5, Wednesday 9 to 9,
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Thursday 9 to 6.
A There's no way because when I left July 21st
I was working Tuesday evenings, not Wednesday evenings, so
that was the schedule the end of July.
Q All right. I'm going to show you an exhibit
that I prepared in anticipation of today's hearing based on
what I understood at the support conference and ask you to
take a look at it.
(Whereupon, Defendant's Exhibit No.1 was
marked for identification.)
BY MS. LINDSAY:
Q Now, you can tell me where I'm
miscalculating. If I'm not mistaken, on the front sheet
you have no knowledge about, but the rest of your payroll
statements support some of the numbers or may support some
of the numbers on that handwritten sheet you've admitted
into evidence. Is that right?
A I'm sorry. What was that again?
Q I'm not asking you to comment on the front
sheet, but the rest of the sheet shows your payroll
statements for the early part of January through sometime
in July?
A Yes, they look correct.
Q These are the ones you brought with you or
were provided by your employer at the support conference.
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Am I right?
A No, they were provided by Cabot.
Q Oh, Cabot brought these in. You had been at
the support conference yourself. Some of those original
statements you've just admitted as Plaintiff's 2. Am I
right?
A Yes, some of these, yes.
Q Now, what Amy Ickes did, so far as you
understand it, is that she averaged the amount of money you
earned between April and August, which was all we had at
the support conference, and she divided that amount of
money by the thiry-five hours per week that she assumed you
earned at that time, that you were working at that time.
Is that correct?
A Well, I remember her calculating it on forty
hours a week, putting my -- calculating it up to a
forty-hour work week.
Q Yes. And what she came out with is that you
were averaging $19.80 an hour. Is that correct?
A Well, that's what it says in here.
Q And you didn't object to that. You just
object to how many hours per week you were working, am I
right about that?
A What I objected to was on paper it showed
the $19.80 per hour, when you would times that by
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thiry-five hours, but she had boosted my salary up to a
forty-hour work week, so that's my fault for not catching
that I guess.
Q But you didn't object to $19.80 an hour
times a 35-hour week because that's what you were working
at the time. Does that sound right to you?
A Yes.
Q Now, in addition to those dollars that are
shown on there, everyone knows that you get tips.
A Urn-hum.
Q Is that right?
A Urn-hum.
Q And Cabot thinks you make a whole lot more
in tips than you say you make, but you agree that you make
at least $15.00 a day in tips. Is that correct?
A Urn-hum.
Q And five percent of your earnings -- if I'm
not mistaken, five percent of your earnings are reported to
the IRS and taxed as tips. They just say five percent is
tips and report it to the IRS. Is that right?
A I do report some of my tips.
Q And if we look on a pay statement, we'll see
that the tips are added on to the total amount earned, the
700 -- I'm looking at -- let's look at the statement for
March 5th just for an example. Can we look at that so you
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can explain this to the Master? How does this work? Do
you see March 5th there?
A Urn-hum.
Q It looks like your earnings are $683.95, but
then down at the bottom -- strike that just for a minute.
You make up all these pay statements. That's part of your
job also there?
A Urn-hum.
Q And in addition to doing hair, you're the
accountant/bookkeeper, am I right?
A No, I'm not the accountant and bookkeeper.
I only strictly do the pay checks.
Q You do the pay checks. Do you get any extra
money for doing the pay checks?
A No, I have a higher, 65 percent, commission
rate. Even if I fall under a thousand, I get 65 percent.
Q So you never -- okay. You never get any
additional increment for this work?
A I enjoy doing it. Maybe you could say we
barter buying me lunch or something like that.
Q No cash in your pocket for this service?
A No.
Q Let's look at March 5th, 2002. How much
money did you earn that two-week pay period?
A I earned $719.95.
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Q Okay.
A Which would have been probably -- at that
time it might have been 60 percent commission, but she
always takes five percent off the top for supplies, so my
income, my gross for that period would have been the
$683.95. They show it on the pay stubs, this five percent
taken off.
Q And it says tips reported received by
employee.
A But that's not -- there's no tips in there.
Q This is -- all right. So she puts that
she gives you your percentage and then puts the five
percent in her pocket to help reimburse for the cost of
supplies?
A Urn-hum.
Q So we have to add $15.00 a day to whatever
the total earnings, including tips, are?
A Yes.
Q Despite the fact that it says minus five
percent for tips?
A But we have been doing that.
Q So essentially we have to give you an
additional $15.00 a day for every day you work. There's no
tips. So when Ms. Ickes said some of it was taxable,
actually all your tips are non-taxable. Is that right?
19
1 You don't report those to the IRS?
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A
Yes, I do report some of them to the IRS.
3 Q And if you look at my sheet on the first
4 page, let's see if we have that correctly done. What we
5 figured is $15.00 a day times five days a week is $7~.00
6 per week, $3,900.00 extra per year in tips, and then I
7 believe it was your testimony that $1,300.00 of it
8 approximately was reported and taxed and that left the
9 balance unreported and untaxed. Does that sound right to
10 you, Michele?
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A
Urn-hum, but you must have already calculated
five days a week then from April to August.
Q I believe that's what Ms. Ickes did was
start with $19.80 an hour times 35 hours a week, and that's
how she came up with 36,036.
A No, I'm talking about the tips. I just
stated earlier that you should add $15.00 a day, but
apparently you must have already added that fifth day back.
Q Yes, I did it for a five day week.
A So you don't have to add my tips a day.
MS. LINDSAY: I'm just trying to let the
support master know the job of calculations ahead of him.
23 Okay. I don't think I have any further questions.
24 THE MASTER: Redirect.
25 MS. CANDIELLO: No.
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BY THE MASTER:
Q Ma'am, what is the date of your marriage?
A May 29th of '93.
Q And when did you separate?
A July 21st, 2002.
Q And what was the address of the marital
residence?
A 218 North 27th Street, Camp Hill.
Q So you left the marital residence?
A Yes. Do you need a reason why?
Q No, I don't. And when you left, you took
Cameron and Noah with you?
A Yes.
THE MASTER: That's all. Thank you very
much. You may step down, ma'am. Is there any other
testimony to present, Ms. Candiello?
MS. CANDIELLO: Not regarding this specific
issue. I would have more testimony regarding the APL.
THE MASTER: Okay. You move for the
admission of Plaintiff's 1 and 2?
MS. CANDIELLO: Yes, I do.
22 THE MASTER: Any objection?
23 MS. LINDSAY: My only objection to
24 Plaintiff's 1 is that it's a handwritten note. I don't
25 think it's the best evidence. She is the bookkeeper. I
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think the best evidence is on my exhibit, Defendant's 1,
which are the actual copies of pay stubs.
THE MASTER: Plaintiff's 1 and 2 are
admitted.
(Whereupon, Plaintiff's Exhibit Nos. 1 and 2
were admitted into evidence.)
THE MASTER: You have rested with respect to
the issue of child support then?
MS. CANDIELLO: Urn-hum.
THE MASTER: Do you want to call your client
with respect to both the child support issue as well as his
claim for APL?
MS. LINDSAY: Yes. I'll call Cabot Resuta.
Whereupon,
CABOT RESUTA
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. LINDSAY:
Q Mr. Resuta, would you give your full name
and address for the record.
A Cabot Resuta, my address is 218 North 27th
Street, Camp Hill, Pennsylvania.
Q Were the dates of marriage and separation
provided by Michele accurate as far as you know?
A Yes, they were.
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Q You have two children?
A Cameron and Noah.
Q How old is Cameron?
A Cameron is seven.
Q How old is Noah?
A Three.
Q At the time of separation Michele took the
two children from you and left the marital home. Is that
correct?
A Correct.
Q Now, I'm going to show you an exhibit which
I'm marking as Defendant's Exhibit 2.
(Whereupon, Defendant's Exhibit No.2 was
marked for identification.)
BY MS. LINDSAY:
Q This a copy of several documents having to
do with your case?
A Yes.
Q On the expense statement I would like to
draw your attention to the mortgage/rent column. How much
do you pay every month for a mortgage?
A 1163.76.
Q You want to speak up, sir?
A 1163.76.
Q And that doesn't include taxes and
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insurance. Is that right?
A No.
Q I'd like you to go to the second page of the
exhibit. Have you set out there both the real estate taxes
and -- excuse me, the real estate taxes at 1466.59 per
month?
A Yes.
Q And have you also set out the homeowner's
policy at 222 annually?
That's correct.
Mr. Resuta, would you like some help with
A
Q
this mortgage?
A
Q
your children.
A
Q
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Q
A
Q
her hours at
time?
A
Q
back then?
A
15 MS. LINDSAY: Cross-examine.
16 MS. CANDIELLO: I would like to enter this
17 as Plaintiff's Exhibit 3.
18 (Whereupon, Plaintiff's Exhibit No.3 was
19 marked for identification.)
20 CROSS-EXAMINATION
21 BY MS. CANDIELLO:
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Q
Is this a real estate notice for -- just the
top portion
a real estate notice for your marital
residence?
A
Yes.
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Q And what's the amount that's owed?
A $1,032.08, that's if paid by 9/l.
Q Are there any other real estate notices or
real estate taxes that you have to pay?
A We pay another -- I think in another six,
end of six months. Carol has them.
Q The amount that you stated here for income
taxes is $1,466.59.
A That's combining the two.
Q So this is a separate one? Are both of
those paid for 2002?
A Both of those are paid up.
MS. LINDSAY: Maybe we can stipulate to
this.
THE WITNESS: They're stamped paid. I paid
them. One is personal taxes and the other is __
MS. LINDSAY: Oh, excuse me. We'll do the
other real estate.
BY MS. CANDIELLO:
Q So lS this real estate notice the one that
we entered, the $1,032.08?
A The green and the blue. I'm holding the
blue one, the personal tax.
Q That's personal taxes. That's not for your
property?
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A Right.
Q Okay.
A Camp Hill School District.
Q Is it your testimony that there are
additional real estate taxes beyond the 1,032?
A Yes.
Q And both of those taxes are currently paid
for the year 2002?
A Both these are paid, the personal -- both
the taxes for the real estate are paid for 2002.
THE MASTER: I will take notice in
Cumberland County you receive a tax bill in the spring and
a bill in late summer. Are both those paid, sir?
THE WITNESS: There's another one that's, I
think, 45 percent of what she said this thousand dollars
is. I went and met with Mr. Harling because she used to
handle all this. There's another one that has to be paid
to this.
BY MR. WEEKS:
Q So you're saying not all the school tax has
been paid?
A I'm not really sure. When she left, she
took all this, and she brought this to the house and gave
it to me as far as saying, This is what's due. I'm kind of
catching pace on all this stuff to be honest with you. I
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paid what was sent to me, you know.
Q That $1,032 is paid?
A That's paid.
Q I believe you testified that you would like
help with the mortgage payment?
A
Q
you?
A
Q
the time?
A
Q
That's correct.
Is your father living in the residence with
No.
Is he staying there a significant amount of
No.
Has there been any discussion or thought to
your moving and reducing the cost of living or your staying
in the marital residence?
MS. LINDSAY: Objection. Relevance.
THE MASTER: You're asking for the mortgage
payment. Overruled.
BY MS. CANDIELLO:
Q Have you given any thought to reducing the
amount of your mortgage payment by leaving the marital
residence?
A No.
Q Have you given any thought to reducing any
of your expenses in any manner?
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A What expenses? My expenses are as reduced
as can be. I have no money.
Q Well, you have an income.
A Everything is reduced to the bare bones
bottom.
Q Okay.
A That's why I'm here today.
Q Do you have any idea if you were to move to
a two or three bedroom apartment if it would be any less
than what you're paying to live in your house now?
A It would probably be the same nowadays
especially with children and a pet.
Q But you don't have any actual knowledge?
A Sure. I mean it's common knowledge people
pay 700, 800, 900, a thousand dollars in rent nowadays, I
mean especially in the school district we live in.
Q Okay.
A Unless you know somewhere.
Q You're asking for additional monies from
Michele?
A That's correct.
Q By asking for those additional monies, what
are your plans, getting money to keep supporting you in the
house or what's -- how do you envision getting additional
monies and using it, for reducing your
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A Well, I just want -- I put in for custody of
my children. I just want money to take care of my children
when I have them. I have them Wednesday, Thursday, Friday,
Saturday, Sunday.
Q You're asking for APL?
A Urn-hum.
Q And I believe it said help wtih your legal
fees. Did I read that incorrectly?
A Urn-hum.
Q What is your purpose in asking for APL?
A To help with my children and myself at the
residence and the mortgage. I mean it's just cut and dry.
Q You have given no thought to any way to
reduce your income?
Well, I've put in for full custody of the
mean that's why I'm actually, you know,
A
children, so I
pursuing this.
Q
A
Q
A
Q
So you want full custody of the children?
Correct.
So you can get more money from Michele __
Correct.
to pay your bills. You're seeking APL to
get more money to pay for your expenses?
A I'm sorry? What is she getting at?
MS. LINDSAY: You'll have to answer the
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question.
BY MS. CANDIELLO:
Q Are you -- you stated that you want primary
physical custody to get more money to pay for expenses. Is
that correct or incorrect?
A Depends on what expenses you -- the mortgage
is simple. I mean, that is a -- that's my problem right
now and the children, yes.
Q Right now with your income can you afford to
pay the mortgage payment?
A If I didn't have to pay Michele child
support.
Q Right now
A Because I would probably work more hours,
too.
Q Are there any hours that you could be
working now that you don't?
A Right now?
Q Uh-huh.
A Well, I mean possibly, but I mean I get up
so early in the morning that a person can't function on
that. I mean, I get up at 4:00 in the morning, 4:30.
Q When do you go to work?
A It varies. I mean, I could go in at 5:30.
Michele wrote it down. I mean it just depends.
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1 Q How many hours a day do you work right now?
2 A Eight, eight and a half.
3 Q And that's the maximum amount of hours you
4 can work a day?
5 A Yes, considering what the conciliator
provided as far as for me with the children. When I get
the children, I have to go from Point A to Point B, going
to work, to home, to pick up the kids.
Q Do you get the children every day of the
week?
A I get them Wednesday, Thursday, Friday,
Saturday, Sunday.
Q You get them Wednesday evening, all day
Thursday?
A Right. Friday evening, Saturday evening,
and Sunday, but they spend the night Wednesday through
Thursday, which is my day off on Thursday, so I stay with
Noah. You know, I take them to school.
Friday I give them back to her so they can just
go to sleep with her, and she takes Noah and Cameron to
school. I go to work. I come home. I go pick up Cameron.
She delivers Noah Saturday as soon as I get off work. She
delivers Noah and delivers Cameron, and I have them all
night and through Sunday, and I have them Sunday.
Q Could you work additional hours on Monday
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thus --
MS. LINDSAY: Objection. I mean he's
working a forty plus hour week.
THE MASTER: You don't have to answer the
question, sir. The objection has been sustained.
BY MS. CANDIELLO:
Q Have you ever considered selling the house?
A No, because my father is the one that gave
us the money for the home. I mean it's an investment that
he made to me and her, and he's put a lot of time and money
in, as well as I have.
He had given lots of money to the children for
their bank accounts, which she made disappear, so I mean
there's a lot of things involved here. You know, I'm
missing thousands and thousands and thousands of dollars
which, you know, that's my home. That's the children's
home. That's what they know.
Q If you --
A Plus there's no equity in it.
Q But it's an expense.
A Just like any other expense.
Q If you do not get -- if you were not granted
primary custody of your children, if you were not granted
APL, how are you planning to meet all your expenses?
MS. LINDSAY: Objection. I'm not sure
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that's relevant.
THE MASTER: Objection will be sustained in
light of the fact that we are not here on a custody action,
and the testimony or the question as phrased calls for
speculation.
MS. CANDIELLO: Okay. I have no further
questions.
THE MASTER: Redirect.
REDIRECT EXAMINATION
BY MS. LINDSAY:
Q Mr. Resuta, according to the Office of
Domestic Relations and our stipulation here today, you make
$1,935.00?
A
That's correct.
Q
When you and your wife lived together, you
were able to support a mortgage of 1163.76 a month with an
additional about 150.00 a month on taxes and insurance. Am
I right?
A That's correct.
Q All right. Now, when she left and took the
children, did you file an action for custody?
A Yes.
Q Are we having an evaluation? Is it still
not determined?
A That's correct.
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Q
You want to hold on to the house. Am I
correct?
A That's correct.
Q At this point in time it would be very
difficult for you to hold on to the house paying child
support without some help from your wife. Is that correct?
A That's correct.
Q The issue of whether you sell the house or
don't sell the house might be determined after the custody
decision is determined. Am I right?
A That's correct.
Q Now, the expenses that you set out on your
income and expense statement, are these accurate expenses
that you set out?
A Yes.
Q Clothing, $40.00 a month. Is that right?
A Yes.
Q Food, $300.00 a month. Does that seem
right?
A Yes.
Q Do you provide many of the meals for your
kids?
A Yes.
Q Pursuant to the present order you just have
two overnights a week. Is that correct?
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A That's correct. I provide two meals when
they come home and dinner and in between. You know how
kids eat.
Q Did you take any particular pains in making
out this income and expense statement? Do you think it's
accurate?
A It's very accurate.
Q Given your present income and the amount of
child support that you're currently ordered to pay, is it
possible to provide for your own reasonable needs? On the
income that you have, can you provide -- can you take care
of yourself, pay as much as you need to?
A Yes. You mean with the child support back
my way?
Q If the child support came back, you could
take care of your own needs. Is that correct?
A Yes.
Q But paying child support without some help
with this house and this mortgage, can you provide for the
other things that you need?
A No.
MS. LINDSAY: Thank you. No other
questions.
THE MASTER: Anything else, Ms. Candiello?
MS. CANDIELLO: Yes.
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RECROSS-EXAMINATION
BY MS. CANDIELLO:
Q Have you been purchasing new clothing for
the children?
A Yes.
Q Have you purchased a new pet for the
children? Another dog?
A No.
Q Have you gotten the boys hamsters?
A Yes, I did.
MS. LINDSAY: I'm not sure, does that go to
expenses? I'm objecting.
THE MASTER: Why should I care about
hamsters, counsel?
MS. CANDIELLO: They are evidence of the
additional monies. He said he doesn't have any money to
pay the mortgage and yet there's evidence that he's getting
unnecessary items. Where's the money coming from?
THE MASTER: You may answer the question.
Did you buy the boys hamsters?
THE WITNESS: $5.00 hamsters, two.
THE MASTER: It's been answered.
BY MS. CANDIELLO:
Q Have you been taking the children to other
activities that are expensive?
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A Nope. I was given tickets by WINK 104 to
take them to Hersheypark hockey or whatever. It's charity.
People feel sorry for .me.
Q Has your oil payment you've listed on your
expense statement, has that been pre-paid?
A Sure. She lived there.
Q So it was actually paid from monies that
were -- you're not shelling out?
A Well, it came out of my income tax refund.
Q But it's already paid? That's not a monthly
expense?
A Yes, until -- because the prices are way up,
it's going to be out. I'm going to be paying.
Q Presently it's paid?
A Yes. Sure.
MS. CANDIELLO: I have no other questions.
MS. LINDSAY: Nothing further.
BY THE MASTER:
Q Sir, for whom do you work?
A Karns Foods.
Q What do you do?
A I'm a seafood manager.
Q Are you paid hourly or are you salaried?
A Hourly.
THE MASTER: You may step down, sir. Thank
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1 you.
2 MS. LINDSAY: I'm going to move Defendant's
3 1 and 2 into evidence.
THE MASTER: Any objection?
MS. CANDIELLO: No.
THE MASTER: They are admitted.
(Whereupon, Defendant's Exhibit Nos. 1 and 2
were admitted into evidence.)
THE MASTER: Do you have any testimony to
present on rebuttal, Ms. Candiello?
MS. CANDIELLO: Yes.
THE MASTER: You may do so.
MS. CANDIELLO: Okay. I would like to enter
this -- I believe it is Plaintiff's 4.
(Whereupon, Plaintiff's Exhibit No.4 was
marked for identification.)
Whereupon,
MICHELE LYNN RES UTA
having been recalled on rebuttal,
having been previously sworn, testified as follows:
DIRECT EXAMINATION
BY MS. CANDIELLO:
Q Would you identify this for the Court?
A It's an income and expense statement.
Q On your income and expense statement do you
39
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now own or rent a property?
A Rent.
Q And what is your monthly rent?
A $725.00.
Q Do you have to pay the utilities?
A Yes.
Q Do you pay gas or oil?
A The heat is gas, so I pay gas, water, sewer,
and trash.
Q And these items are all listed on your
income and expense statement?
A Urn-hum.
Q What other -- if you could read, you have
other standard utilities, garbage, that you have to pay
also?
A Urn-hum.
Q Do you have any other major bills, any
medical bills or any special needs, any bills or anything
like that?
A I'm on two different -- three, so I pay for
prescriptions. I wear contacts. I just got glasses. I
got a new prescription for that. Do you want like lawyer's
fees or
Q Well, you, of course, have attorney's fees
also and are paying those?
40
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A Urn-hum.
Q Do you have with your income statement that
you've presented here, do you have sufficient income to pay
all your bills?
A
Q
Not my lawyer's fees, no.
Are you able to pay all your monthly
expenses from your income?
A Yes.
Q Do you have any left over?
A No.
Q So at this point in time with your income,
you're able just to pay your monthly expenses?
A Yes.
Q Did you obtain housing in light of your
budget?
A Yes.
Q Did you look for housing that was
appropriate to what you could afford?
A Yes, that was the maximum that I could
afford.
Q Have you had to look for any loans to pay
any expenses that you have?
A I'm in the process of getting a loan so I
can pay my attorney's fees.
Q Now, when you said that with your income you
41
1 can pay all your monthly expenses, in that did you include
2 getting child support?
3 A Right now?
4
5
6
7
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Q
Uh-huh.
A Yes.
Q So your income plus child support enables
you to pay monthly expenses?
Urn-hum.
Without any left over?
Urn-hum.
So you're just holding your own?
Urn-hum.
What would happen if you had to pay Mr.
A
Q
A
Q
A
Q
Resuta APL?
A
cards.
Q
I guess I would have to resort to charge
We, of course, are in the same position that
we're looking -- are you looking for primary physical
custody?
A Urn-hum.
Q Do you have any desire to retain or maintain
the marital residence?
A I would like to, but I honestly don't think
I can afford it.
MS. CANDIELLO: I have no further questions.
42
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THE MASTER: Cross-examine.
CROSS-EXAMINATION
BY MS. LINDSAY:
Q I'm looking at the expense side of the
income and expense statement. Did you prepare this income
and expense statement?
A Yes, a lot of it I copied from the one that
was done in September with Amy Ickes. I was -- I've only
been on my own for four months now, so I was only going by
past experiences which at the bottom there were a couple of
things that I figured could be cut drastically.
Would that include the 2,000 you put in for
Q
vacation?
A
Q
A
Q
A
Q
savings?
A
Q
Urn-hum.
And the 3,000 you put in for gifts?
Urn-hum.
And the 3,000 you put in for clothing?
Urn-hum.
And the thousand you put in for college
Urn-hum.
And the 4,200 you estimated for repairs, I
assume, to your automobile?
A That's what I paid this past year, and I
know it's going to need more work, so I could probably cut
43
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that one in half.
Q So maybe if you adjusted your expenses a
little bit, you might be able to help with the mortgage on
this house?
A No, actually I'm still short. I figured it
out.
MS. LINDSAY: No other questions.
THE MASTER: Any redirect?
MS. CANDIELLO: No.
THE MASTER: Thank you, ma'am. You may step
down.
MS. CANDIELLO: I would ask that my
Plaintiff's Exhibit 4 be --
THE MASTER: We haven't done anything with 3
yet.
MS. CANDIELLO: Didn't we ask that it be --
THE MASTER: No, you did not.
MS. CANDIELLO: Okay.
THE MASTER: Plaintiff's Exhibit No.3, are
you moving for its admission?
MS. CANDIELLO: Yes.
THE MASTER: Can we stipulate that the only
portion of this exhibit is the photocopy of the tax bill
and not the handwritten portion on the bottom?
MS. CANDIELLO: Yes.
44
1 MS. LINDSAY: Yes.
2 THE MASTER: Any objections to 3 or 4?
3 MS. LINDSAY: No, not along with the
4 judicial notice you took of the fact that there's an
5 additional real estate tax bill I have here.
6 THE MASTER: They are both admitted.
7 (Whereupon, Defendant's Exhibit Nos. 3 and 4
8 were admitted into evidence.)
9 THE MASTER: Do you have any surrebuttal?
10 MS. LINDSAY: No.
11 THE MASTER: We'll close the record.
12 (Whereupon, the record was closed.)
13 (Whereupon, the above proceeding was
14 concluded.)
15
16
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18
19
20
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45
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
the same.
~L;!.r ~ndty 1i~nd {L~
Official Court Reporter
- - - - - - - - - - - - - -
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
~ilVl~ 2' \ 2.-00~
Date
~,~Q,LL
Michael R. Rundle, Esquire
Support Master
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MICHELE L. RES UTA,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
CABOT L. RESUT A,
DEFENDANT
PACSES NO. 831104707
: 646 SUPPORT 2002
CABOT L. RES UTA,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHELE L. RESUTA,
DEFENDANT
: PAC.9ES NO. 296105026
: ~621 CIVIL TERM
/'
IN RE: CROSS-EXCEPTIONS TO SUPPORT MASTER'S REPORT
ORDER OF COURT:
AND NOW, this
I ~"-
day of May, 2003, following a review of the
Support Master's Report, the exceptions of both husband and wife to the report, and the
briefs of the parties on those exceptions, and finding that all of the exceptions are
without merit, IT IS ORDERED THAT THE INTERIM ORDER ENTERED ON
NOVEMBER 25, 2002, IS MADE FINAL.
Maria P. Cognetti, Esquire
For Michele L. Resuta
Carol J. Lindsay, Esquire
For Cabot L. Resuta
Michael Rundle, Esquire
Support Master
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MICHELLE LYNN RESUT A,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
CABOT LANE RESUT A,
Defendant
NO. 2002 - 3621 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this &~ day of ~()N2~U/"L/ , 2003, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. A hearing is scheduled in Courtroom No. 4 of the Cumberland County
Courthouse on the 3t.~{ day of 7.lZA-~ ~-A , 2003, at
0; ; 30 A.M. at which time testimony will be taken in the above case. At
this hearing, the Father, Cabot Lane Resuta, shall be the moving party and
shall proceed initially with testimony. Counsel for the parties shall file with
the court and opposing counsel a memorandum setting forth the history of
custody in this case, the issues currently before the court, each parties position
on those issues, a list of witnesses who will be called to testify and a summary
of the anticipated testirnony of each witness. This memorandum shall be filed
at least ten days prior to the mentioned hearing date.
2. Pending further order of this court, this court's prior orders of September 24,
2002 and November 4, 2002 shall remain in effect.
cc: vEarol J. Lindsay, Esquire
yMaria Cognetti, Esquire
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MICHELLE LYNN RESUT A,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
CABOT LANE RESUTA,
Defendant
NO. 2002 - 3621 CIVIL
IN CUSTODY
Prior Judge: Kevin A. Hess
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator subrnits the following
report:
1. The pertinent infonnation pertaining to the child/children who is/are the subject of
this litigation is as follows:
Cameron Lane Resuta, born March 27,1995; and Noah Braeden Resuta, born May
2, 1999.
2. A Conciliation Conference was held on October 16, 2003, with the following
individuals in attendance:
The Mother, Michelle Lynn Resuta, with her counsel, Maria Cognetti, Esquire; and
the Father, Cabot Lane Resuta, with his counsel, Carol J. Lindsay, Esquire.
3. The parties were before the conciliator a year ago at which time they agreed upon an
interirn order and agreed to have the matter go to a custody evaluation. The
evaluation is complete. However, the parties are still unable to agree upon a
permanent order. A hearing is necessary and should ltake no more than one day.
4. The conciliator recommends the entry of an order in the form as attached.
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av~
Hubert X. Gilroy, Es
Custody Concilia
MICHELE L. RESUT A,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CABOT L. RESUT A,
Defendant
NO. 02 - 3621 CIVIL
IN DIVORCE/CUSTODY
PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Michele L. Resuta, Plaintiff in the
above-captioned matter.
Date: 1/..5 JOLI
t J
By:
MARIA P COG TI, ESQUIRE
Attorney LD. No. 2 914
210 Grandview Avenue, Suite 102
Camp Hill, PAl 70 II
Telephone No. (717) 909-4060
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Michele L. Resuta, Plaintiff in the
above-captioned matter.
. Pau elvy, Esquire
KIL 'IAN & GEPHART
21 Pine Street
arrisburg, PAl 71 0 1
Date: / /..5 / (jLf
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Plaintiff
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CABOT 1. RESUT A,
Defendant
: PACSES NO. 831104707
: NO. 646 SUPPORT 2002
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CABOT 1. RESUTA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: DOMESTIC RELATIONS SECTION
MICHELE 1. RESUTA,
Defendant
: PACSES NO. 296105026
: NO. 02-3621 CNIL TERM
PRAECIPE FOR WITHDRAW AL/ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Michele 1. Resuta in the above-captioned
matters.
Date: J/!) fOL(
I
By:
MARIA P. CO
MIUtA
MARIA P. OGNE T, ESQUIRE
Attorney LD. No. 27 4
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
TO THE PROTHONOTARY:
Date: Ji f,J U4
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( ~LLIAN & GEPH4RT
I 8 Pine Street
Harrisburg, PA 17101
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MICHELE L. RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
02-3621 CIVIL
CABOT L. RESUTA,
Defendant
IN DIVORCE/CUSTODY
ORDER
AND NOW, this /11- day of March, 2004, following hearing, the custody ofthe
parties' minor children, Cameron Resuta born March 27, 1995, and Noah Resuta born May 2,
1999, shall be as follows:
1. Mother and father shall enjoy shared legal custody of their two minor children.
2. Mother shall have primary physical custody of the children subject to periods of
partial custody to be exercised by the father as follows:
a. Every Wednesday from after school (or 2:30 p.m. during the children's summer
vacation from school) until Friday at 8:00 p.m.
b. Every other weekend from Friday at 8:00 p.m. until Sunday at 8:00 p.m.
c. The parties shall share holidays and vacation from school as follows:
(1) Memorial Day shall be defined as the Sunday before the holiday at 8:00 p.m.
until Monday the day of the holiday at 8:00 p.m. Father shall be entitled to this holiday in odd-
numbered years and mother shall be entitled to this holiday in even-numbered years.
8:00 p.m. until Monday the day of the holiday at 8:00 p.m. Mother shall be entitled to this
(2) The Labor Day holiday shall be defined as the Sunday before the holiday at
holiday in odd-numbered years and father shall be entitled to this holiday in even-numbered
years.
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(3) The Easter holiday shall be defined as the Saturday before the holiday at 8:00
p.m. until Easter Day at 8:00 p.m. Father shall be entitled to this holiday in odd-numbered years
and mother shall be entitled to this holiday in even-numbered years.
(4) The Thanksgiving holiday shall be defined as tlle Wednesday before the
holiday following the close of school and if no school at 2:30 p.m. until Thanksgiving Day at
8:00 p.m. Father shall be entitled to this holiday in even-numbered years and mother shall be
entitled to this holiday in odd-numbered years.
(5) The Christmas holiday shall be divided into two segments. Segment A shall be
defined as December 24th at 12:00 noon until December 25th at 12:00 noon. Segment B shall be
defined as December 25th at 12:00 noon until December 26th at 12:00 noon. Father shall have
Segment A in odd-numbered years and Segment B in even-numbered years. Mother shall have
Segment A in even-numbered years and Segment B in odd-numbered years.
(6) The children shall spend Mother's Day with mother and Father's Day with
father. Each holiday shall be defined as beginning at 9:00 a.m. the day ofthe holiday and ending
at 8:00 p.m. the day of the holiday.
(7) During the summer months, each party shall be entitled to two non-consecutive
one week (seven days) periods of uninterrupted custody. For the purposes of this paragraph, a
week shall be defined as Sunday evening at 8:00 p.m. through Sunday evening at 8:00 p.m.
Neither party shall exercise their rights under this provision in such a manner as to deprive the
other party of their periods of holiday custody nor of their weekend custody pursuant to
paragraph 2(b). Each party shall give the other at least sixty (60) days' notice ofthe weeks in
which they plan to take vacation.
3. Reasonable telephone calling privileges shall be afforded to the non-custodial parent.
4. While in the presence of the children, neither party shall make any remarks or do
anything which would in any way be derogatory or uncomplimentary to the other parent.
5. The parties shall share transportation. It shall be the responsibility of the party
receiving custody to pick up the children from the relinquishing party.
6. Nothing herein shall prevent the parties from varying the custody schedule from time
to time but only by mutual agreement.
BY THE COURT,
, AlL
/ J. Paul Helvy, Esquire
For the Plaintiff
ICarol J. Lindsay, Esquire
F or the Defendant
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7
MICHELE 1. RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 02-3621 Civil
CABOT L. RESUTA,
Defendant
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
PLAINTIFF'S MOTION TO COMPEL
COMPLIANCE WITH DISCOVERY REOUESTS
Attorney Responsible: J. Paul Helvy, Esquire (pursuant to C.C.R.P. 206-2(b))
AND NOW comes the Plaintiff, Michele 1. Resuta, by and through her attorneys,
Killian & Gephart, LLP, who hereby avers the following:
I. Plaintiff, Michele 1. Resuta, and Defendant, Cabot L. Resuta, were lawfully
married on May 29, 1993, in Mechanicsburg, Pennsylvania.
2. On July 29, 2002, Plaintiff filed a Complaint in Divorce.
3. Via correspondence dated May 20, 2004, Plaintiff's counsel sent to Defendant
Plaintiff's First Set of Interrogatories Directed to Defendant and Plaintiff's First Requestfor
Production of Documents Directed to Defendant.
4. In accordance with Pa.R..C.P. No. 4006 and 440(b), Plaintiff should have been
served with Answers to these requests within thirty (30) days, by June 19,2004, and Plaintiff
has not received such Answers.
5. Plaintiff brings this Motion under the authority ofPa.R.C.P. No. 4019(a)(I),
and 40 1 9(c)(5), in regards to Defendant's failure to serve answers to written interrogatories
submitted pursuant to Pa.R.C.P. No. 4005 and 1920.22(b), and in regards to Defendant's
failure to respond to requests for production of documents submitted pursuant to Pa.R.C.P.
No. 4009.
6. Since the Defendant has failed to Answer thl~ Plaintiff's First Set of
Interrogatories Directed to Defendant and Plaintiff's First Request for Production of
Documents Directed to Defendant, the Plaintiff has incurre:d reasonable counsel fees in
connection with preparation and presentation ofthis motiolll.
7. The failure of the Defendant to answer the requests impedes Plaintiffs efforts
to proceed to equitable distribution.
8. On June 29, 2004, the concurrence of opposing counsel was sought in regard
to this Motion. Opposing counsel did not concur with this Motion, stated herein pursuant to
C.C.R.P. 206-2(c), which requires counsel to seek the concurrence of opposing counsel.
WHEREFORE, Plaintiff requests this Honorable Court to enter an order in
substantially the following form:
I. Defendant shall answer Plaintiff's First Set of Interrogatories Directed to
Defendant and Plaintiff's First Request for Production of Documents Directed
to Defendant by August 20, 2004.
2. Failure to comply with this Order shall result in sanctions as the Court shall
deem proper, and shall_ / shall not __ include Plaintiff's reasonable
attorney's fees of $400 incurred in connection with preparation of this
Motion.
Dated: VI 1 z, 11_ '-{
. P u Helvy
A orney I. D. #5314
'lIian & Gephart, LLP
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108
(717) 232-1851
CERTIFICATE OF SERVICE
I do hereby certify that I served a true and correct copy of the Plaintiff's Motion to
Compel upon the following by depositing a copy of same in the United States mail, postage
prepaid, addressed as follows:
Carol J. Lindsay, Esquire
Saids, ShutT, Flower & Lindsay
26 West High St.
Carlisle P A 17013
Date: &(Jf/d-/
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JLs~wdrd
Secretary to J. Paul Helvy
Killian & Gephart, LLP
218 Pine Street
P.O. Box 886
Harrisburg, P A 17108-0886
(717) 232..1851
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MICHELE L. RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 02-3621 Civil
v.
CABOT L. RESUT A,
Defendant
CIVIL ACTION-LAW
IN DIVORCE/CUSTODY
ORDER
AND NOW, this G~ day of
9..1t
,2004, upon consideration ofthe
foregoing Motion, it is hereby ordered that:
1. Defendant shall answer Plaintiff's First Set of Interrogatories Directed to
Defendant and Plaintiff's First Requestfor Production of Documents Directed to
Defendant by August 20, 2004.
2.
Failure to . this Order shall resu in <<>ncti9BSIl5 t!.l~ C-JUIl shall deem
proper, and shall no de Plaintiffs reasonable attorney's
fI incurred in connection with pn:paration ofthls IvluGun.
.Ifo/
BY THE COURT:
,4 /1
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J.
Notices of the entry of this Order (pursuant to C.C.R.P. 206-6) will be sent to:
J. Paul Helvy, Esquire
Killian & Gephart, LLP
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
Carol J. Lindsay, Esquire
Said, Shuff, Flower & Lindsay
26 West High St.
Carlisle P A 170 I 3
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MICHELE L. RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 02-3621 CIVIL
CABOT L. RESUTA,
Defendant
CIVIL ACTION - LAW
IN DIVORCE/CUSTODY
PRAECIPE FOR WITHDRAW AL/ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of Michc:le L. Resuta, Plaintiff in the
above-captioned matter.
RespectfuUy submitted,
Dated: l~\ d.\ \ (jq
Kindly enter my appearance as apro se party in the above-captioned matter.
Dated: lU\ d\ \ ocl
2fJLfj~ I.~
Michele L. Resuta
3419 Green Street
Camp HilI, PA l7011
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XOT ON FOR APPOINTXENT OF MASTER
L (Plaintiff) (Defendant),
to the following claims:
moves the courc to appoint
a master wit~e
( \
\ ,
( )
ex)
( )
Annulment
Alimony
Alimony Pendente
Lite
eX)
( )
( )
( )
Distribution of Property
Support
Counsel Fees
Costs and Expenses
Di"'tJ'orca
and in support of the motion states:
(1) Discovery is complete
appointment of a master is requested.
(2) The defendant
(by his attorney,
(3)
as to the claims(s) for which the
follOWing
not) appeared in the action (personally)
,Esquire) ..
e st~uro ~ound(5) fa, divorce (~,'s) (are)
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(4) Delete the inapplicable pa agraph(s):
(a) The action is not contested.
(b) An agreement has been reached wich respect to the
claims: nOne..
^' II 51~,Th~ a,tion is coqtested with respect to the following
~{5I-t'cJ O--VI>ve..
(5) The action (involves) (does not involve) complex issues of law
claims :
or fact.
(6) The hearing is expected to take (hours) (days)..
(7) Additional information, if any. relevant to the motion:
---'
Date: 1Th1uA 1, ':H)l).tJ
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1. L ~., D... -" 'Olali tii'" fULc .die
(Defendant)
ORDER APPOINTING :1ASTER
AND NOW ,19 ,
is appointed master with respect to the following claims:
Esquire,
By the Courc:
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MICHELE LYNN RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO, 02 - 3621 CIVIL
CABOT LANE RESUTA,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
...., rJ. f"
r::.. ?!. day of
agreement
2005, the parties and counsel having entered.
and stipulation resolving the economic issues on June 27, 2005,
the date set for a conference, the agreement and stipulation
having been transcribed, and subsequently signed by the parties
and counsel, the appointment of the Master is vacated and
counsel can conclude the proceedings by the filing of a
praecipe to transmit the record with the affidavits of consent
of the parties so that a final decree in divorce can be
entered.
BY THE COURT,
. J.
cc:
Michele Lynn Resuta
Plaintiff
Carol J. Lindsay
Attorney for Defendant
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MICHELE LYNN RESUTA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 02 - 3621 CIVIL
CABOT LANE RESUTA,
Defendant
IN DIVORCE;
THE MASTER: Today is ~londay, June 27. 2005.
This is the date set for a conference with counsel and the
parties, Present in the hearing room are the Plaintiff,
Michele Lynn Resuta, who is not represented by counsel.
Also present is the Defendant, Cabot Lane Resuta, who is
represented by Carol J. Lindsay.
This action was commenced by the filing of a
complaint in divorce on July 29, 2002, raising grounds for
divorce of irretrievable breakdown of the marriage and the
economic claims of alimony and equitable distribution,
The parties were married on May 29, 1993, and
separated July 21, 2002. They are the natural parents of
two children, Cameron Lane Resuta, born March 27, 1995, and
Noah Braeden Resuta, born May 2, 1999. The parties
essentially share custody of the children; although Mrs.
Resuta has primary physical custody; nevertheless, Mr.
Resuta has the children 44% of a weekly schedule with the
children.
After negotiations today, the parties have
reached an agreement with respect to the outstanding
1
economic issues. It is the Master's understanding that the
claim for alimony raised by wife will be withdrawn. This
will be reflected in the statement of the agreement on the
record. We are, therefore, left with the claim of equitable
distribution,
Attorney Lindsay is going to state the
agreement on the record in the presence of the parties. The
agreement as stated on the record will be considered the
substantive agreement of the parties not subject to any
changes or modifications except for correction of
typographical errors which may be made during the
transcription. The agreement will be reviewed by the
parties and counsel later today and i~ there are any
typographical errors, corrections wiLL be made and the
parties will be asked to affirm the terms of settlement as
stated on the record by affixing their signature to the
agreement. However, when the parties leave the hearing room
today they are bound by the terms of settlement as stated on
the record even though there is no subsequent signing of the
agreement affirming the terms of settlement.
Upon receipt by the Ma:3ter of a completed
agreement, the Master will prepare an order vacating his
appointment. Attorney Lindsay is going to provide the
Master with affidavits of consent and waivers of notice of
intention to request entry of divorce decree upon the
2
conclusion of the statement of the agreement on the record.
The documents will be filed with the Prothonotary and the
divorce can be concluded under Section 3301(c) of the
Domestic Relations Code. Ms. Lindsay.
MS. LINDSAY: The parties have engaged in
negotiations today and have reached an agreement that is a
compromise agreement; not a mathematical agreement with
which neither one of them would have probably agreed but
which is the agreement they wish to enter into today.
1. Wife withdraws her claim of alimony.
2. The parties will each retain their vehicles, with
husband retaining the 1991 Mazda Navaho SUV and wife
retaining the 1997 Dodge Minivan. Within 10 days of the
date of this agreement, the parties will execute titles so
that these vehicles can be separately titled in the name of
the party who is going to be retaining them.
3. The parties have already divided their joint Waypoint
checking and savings accounts and they have also divided
their Primemerica account. In addition, the parties have
equally divided their primemerica Smith Barney account.
Each party will retain their 1/2 of those accounts which
they have previously received.
4, Husband has retained the Ahold 401(k) plan. Wife is
retaining her PFS IRA and her Paul Revere retirement plan.
5. The household goods and personalty have been
satisfactorily divided and shall be the sole and separate
property of the party in whose possession they are as of
this date.
6. Wife will pay the Bank One Visa credit card.
7. Subsequent to separation wife has moved some of the
marital accounts into other accounts in her name and she is
going to be solely responsible for those accounts. They
warrant one to the other that there is no joint debt of
which they have any knowledge for which the other could be
3
liable into the future.
8. The parties were owners of real estate at 218 North
27th Street in Camp Hill. The property is sold and the
proceeds are held by husband's counsel at M&T Bank. The
most recent statement from M&T Bank indicates that the
escrow account stands at $31,573,69. The parties will
divide the escrow account so that husband receives
$14,006.57 and wife receives $17,567.13, In the event
additional interest has been earned on the account since the
last statement of April 22, 2005, the escrow agent,
husband's counsel, will equally divide that extra interest
between the parties.
9. From her share of marital estate, wife will promptly
reimburse two custodial accounts from which she borrowed
money during the period of separation, one for $2,000.00 and
one for $1,000.00 Upon that reimburserrlent, wife and husband
will cooperate in the division of the custodial accounts
into two custodial accounts with husband the custodian of
1/2 of Cameron's balance and wife the custodian of the other
half of Cameron's balance and the same with regard to Noah;
so that each one will be the custodian of 1/2 of Noah's
account as well,
The division of the custodial accounts will be
accomplished within ten days of receipt by wife of her share
of the cash from the escrow account and she will provide to
husband documentation of the balance in the accounts at that
time and the parties will cooperate in the establishment of
a second account for each child with husband as custodian to
receive 1/2 of the then balance in both boy's accounts.
The parties will not make any withdrawals from the
childrens' custodial accounts without the written approval
of the other party. In the event that the custodial
accounts are still in existence at the time one of the
children pursues post secondary education, then that account
can be liquidated for the use of post secondary
education/college.
It is the intention of the parties that the
children are third party beneficiaries of this agreement and
they will act in good faith as fiduciaries for the children
in the monitoring and management of accounts.
10. The parties have agreed to divide the dependency
exemption for the children so that husband will have the
dependency exemption for Cameron and wife will have the
dependency exemption for Noah. The parties will execute any
4
documents required by the IRS to give effect to this notice
and will immediately notify the office of Domestic
Relations. Each is free to seek an adjustment in the child
support amount based on this change in the exemptions at
Domestic Relations Office.
11. The parties have had an opportunity to ask any
questions and to take the agreement to which they are
agreeing today under advisement rather: than agreeing here at
the table and have decided to enter into this agreement
today notwithstanding.
12. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or
future laws of any jurisdiction to share in the property or
the estate of the other as a result of the marital
relationship including without limitation, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
MS. LINDSAY: Mr. Resuta, have you heard the
agreement that I have dictated here today in the office of
the Divorce Master?
MR. RESUTA: Yes.
MS. LINDSAY: Do you understand it?
MR. RESUTA: Yes.
MS. LINDSAY: Do you have any questions about
it?
MR. RESUTA: No.
MS. LINDSAY: Is it an agreement you want to
make?
5
MR. RESUTA: Yes.
THE MASTER: Ms. Resuta, you've been present
during the statement of the agreement on the record?
MS. RESUTA: Yes.
THE MASTER: Do you understand it?
MS. RESUTA: Yes.
THE MASTER: Do you have any questions about
it?
MS. RESUTA: No.
THE MASTER: Do you want to have this
agreement as the final settlement of all your economic
claims in your divorce case?
MS. RESUTA: Yes.
THE MASTER: You are satisfied to be here
today without counsel?
MS. RESUTA: Yes,
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
6
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS:
DATE:
{j-'J-7-0C;
{e(2-7f IJr-
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7
~;&114l ~
Michele Lyn~Resuta
0b~~
Cabot Lane Resuta
OS/27/2005 11:45
71 72435510
SAlOIS SHUFF FLOWER
PAGE 03/03
Defendant
: IN lHE COURT OF COMMON PLEAS OF
Cl.lMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -l.AW
NO, 2002 - 3621 CIVIL ACTION
IN Il\VORCE
MICHELE L. RESUTA,
Plaintiff
V$.
CABOT L. RES UTA,
DEFENDANT'S AFI'IDAVlT OF COWSENT
UNDER 633011<<:) O!' THE DIVORC~
AND WAIVI!R,OF CO\lNSELING
1, A Complaint in Divorce under ~3301 {oj of the Divorce Code was filed July 29, 2002,
2, The marriage of plaintiff and defendant is irretrievably bl'Oken and ninety days have elapsed
from the date of filing and service of the, Complain\.
3, I oonsentto the entry of a final Decme in Divorce after service of notice of Intention to
request entry of Ihe Decree,
I verify that the statements made in f"is Affidavit are true and correct to the bast of my
knowledge, information and belief. I understane that false statements herein are made subject to the
penalties of 1 B Pa,C.S. 4904 relating to unsworl'lfalsification to lluthorities.
Dale: (P-t?l7~t)S &4d~
CABOT L. RESUTA
DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A,DIVORCE DECREE UNDER
Iii 3301 lei !JF THE DIVORCE CODE
1, I consent to the entry of a final Decree of Divoroe without nolioe.
2, I understand that I may lose rights ooroerning alimony, division of property, lawye~s fees or
expenses if I do not claim them before a divorce Is grarlted,
3. lundersland that I will not be divorc.'~ until a Divorc" Decree is entered by the Court and
that a copy Of the Deoree will be sent to me immediately after it is filed with the
~rothonotary.
J'Verify that the statements made In lhis Affidavit are trlJe and oorrectto the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 16 Pa,C,S. 4904 rel"lllng to u~ falSifiCatio: to authoritie
Date: & -;J1-oS
CABOT L. RESUTA
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B5/27/2BB5 11:45
717243551 B
SAIDIS SHUFF FLOWER
PAGE B2/B3
MICHELE L. RESUTA,
PlaIntiff
IN lI'HE COURT OF' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Defendant
CIVIL ACTION - u~w
NO 2002. 3621 CIVIL ACTION
IN lillVORCE
VS.
CABOT L. RESUTA,
PLAINTIFF'S AFFI!DAVIT OF CONSENT
UNDER 1133011,,\ 0': THE DIVORCE CODE
AND WAIVER ::IF COUNSELINC!
I, A Complaint in Divorce under ~3301 (c) Jf the Divorce Code waS filed July 29, 2002.
2. The marriage of plaintiff and defendant s irretrievably broken end ninety days have elapsed
from the date of filing and service of the Complaint.
3. I consenllo the enlry of a final Dec,,'e in Divorce aftE" service of notice of intention to
,equest entry of the Decree,
I verify that the statements made in this Affidavit are tl'Ue and correct to the best of my
knowledge. information and belief, I understand that false statem..nts herein are made subject to the
penalties of 18 Pa,C.S. 4904 relating to unswor" falsification to authorities.
Date:
G - ;}.., 7 --()")
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PLAINTIFF'S WAIVER OF.NOTICE OF INTENTION TO REQUEST
ENTRY OF A r,IIVORCE DECREE UNDER
II 3301/c11;lF THE DIVORCE CODE
1. I consent to the entry of a final Decree ",f Divorce without notice,
2. I understand that I may lose rights con"eming alimony, elivision of property, lawyer's fees or
expenses If I do not claim them before ,'I divorce is grante,d.
3, i. understand that I will not be divorcel! until a Divorce [)eeree is entered by the Court and
that a copy of the Decree will be sent to me immediately after it is filed with the
,Prothonotary,
I verify that the statements made in thil: Affidavit are true and correct to the
best of my knowledge, information and belief I understand that false slatements herein are made
subject to the penalties of 18 Pa.C.S. 4904 rela1ing to unsworn fal'sification to authorities
Date: {p ~ d- 7-DS-
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MICHELE L f~ESUTA
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SHUFF. FLOWER
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A1TORNEYS.AT-LAW
26 W. High Street
Carlisle. P A
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MICHEI,E L. RESUTA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CLIMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 2002 - 3621 CIVIL ACTION
CABOT L. RESUTA,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce
decree:
I. Ground for divorce:
Irretrievable breakdown under 3301 (c)
3301 (d) (1) oftRe Di'loree Cede.
(Strike out inapplicable section)
2, Date and manner of service of the complaint: Acceptance of Service on Carol J,
Lindsay dated August 6, 2002 and filed with Prothonotary: August 14, 2002.
3. Complete either paragraph (a) or (b).
a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce
Code:
by plaintiff: June, 27, 2005: by defendant: June 27, 2005
b. (I) Date of execution of the affidavit required by 330] (d) of the Divorce Code:
(2) Date of filing and service of the plaintiffs affidavit upon the respondent:
4.
Related Claims pending: None: all matters are resolved bv way of the
parties al!reement in the office of the Divorce Master of June 27.2005
and are incorporated but not merl!ed with the decree in divorce.
5.
Complete either (a) or (b)
c. Date and manner of service of the notice of intention to file Praecipe to transmit
record, a copy of which is attached:
d. Date of plaintiff's Waiver of Notice in 330] (c) Divorce was filed with the
Prothonotary: June 28, 2005
Date defendant's Waiver of Notice in 3301 (c) ivorce was filed with the
Prothonotary: June 28, 2005
Carol . Lin say,
Supreme Co 44693
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle P A 17013
Phone: 717.243.6222
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
PENNA,
.
.
.
STATE OF
.
MICHELE REsUTA
.
PLAINTIFF
No.
2002-3621
.
VERSUS
.
CABOT REsUTA
.
DEFENDANT
.
.
.
DECREE IN
DIVORCE
.
.
.
.
.
.
.
.
.
.
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.
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AND NOW,
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.
.
.
MICHELE RES UTA
.
DECREED THAT
.
.
.
.
.
.
.
.
.
.
.
.
AND
CABOT RES UTA
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
.
, PLAINTIFF,
, DEFENDANT,
.
.
.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
None: all matters are resolved by way of the parties' agreement in
.
.
.
of the Divorce Master of June 27, 2005 and are incorporated but
with the decree in divorce.
.
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J. .
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.
PROTHONOTARY
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