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Home My WebLink About96-6403 civil IN THE COURT OF COMMON PLEAS OF KAREN A. MCDERMOTT, CUMBERLAND COUNTY, PENNSYLVANIA pLAINTIFF V. · 0796 SUPPORT 1996 EDWARD A. MCDERMOTT, · 96-6403 CIVIL TERM (DIVORCE) DEFENDANT IN RE: WIFE'S PETITION FOR SUPPORT AND HUSBAND'S PETITION FOR APL _ORDER OF COURT_ AND NOW, this "~"~"' day of January, 2000: (1) At the support action at 0796-1996, the amount of support set by the order of August 27, 1996, IS VACATED AND REPLACED WITH THIS ORDER: (2) For the following periods defendant, Edward A. McDermott, shall pay child support for Stacy McDermott, born November 18, 1979, and Sean McDermott, born November 26, 1984, and for his wife, Karen A. McDermott, as follows: (a) Effective August t, 1996 through December 31, 1996, the sum of $1,394.71 per month for the two children and $957.69 for spousal support. (b) Effective January 1, 1997 through December 31, 1997, the sum of $1,910.56 per month for the two children and $1,610.53 per month spousal support. (c) Effective January 1, 1998 through June 30, 1998, the sum of $849.25 per month for the two children and $385.64 per month spousal support. (3) Starting July 1, 1998 defendant shall pay child support for Sean McDermott and spousal support for Karen A. McDermott as follows: 0796 SUPPORT 1996 96-6403 CIVIL TERM (a) Effective July 1, '1998 through December 3'1, '1998, the sum of $586.50 per month child support and $464.46 per month for spousal support. (b) Effective January '1, '1999 forward, the sum of $487.83 per month for child support and $269.00 per month spousal support. (4) At the divorce case at 96-6403 Civil, the petition of Edward A. McDermott for alimony pendente lite, IS DENIED. ~dg a~-B. Bayley,~) Samuel Andes, Esquire For Karen A. McDermott Leroy Smigel, Esquire For Edward A. McDermott David C. Hatch, Domestic Relations Officer :saa KAREN A. MCDERMOTT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. · 0796 SUPPORT 1996 EDWARD A. MCDERMOTT, DEFENDANT · 96-6403 CIVIL TERM (DIVORCE) IN RE: WIFE'S PETITION FOR SUPPORT AND HUSBAND'S PETITION FOR APL OPINION AND ORDER OF COURT_ Bayley, J., January 25, 2000:- Karen McDermott, plaintiff, age 46, and Edward McDermott, defendant, age 47, were married on September 30, 1973. They separated in January, 1996. They have two children, Stacy McDermott, age 20, born November 18, 1979, and Sean McDermott, age 15, born November 26, 1984. Wife instituted a support action against husband on August 1, 1996, seeking support for her two children and herself. Following a Domestic Relations conference, an order was entered on August 27, 1996, effective August 1, 1996, requiring husband to pay child support for the two children in the amount of $750 per month, and spousal support in the amount of $520 per month, for a total of $1,270 per month. Both parties filed an appeal. After an interminable delay, the reasons for which we were not involved, the case was reassigned to this judge and a hearing was conducted on August 9, 1999. A second hearing was conducted on October 6th. By agreement of the parties, a deposition of a witness was filed on December 30, 1999, which closed the record. After the parties were married husband worked as a technician for Xerox 0796 SUPPORT 1996 96-6403 CIVIL TERM Corporation. His area of expertise was mailing equipment. In 1988, he started his own company, ABS Mailing Systems. Xerox became a client. The business prospered and by 1995, husband reported income before taxes of a little over $100,000. However, in 1995, a profitable state contract cancelled, and in 1996, husband cancelled his business with Xerox. Husband testified that he cancelled that contract after realizing that he was not making money on the product line. He did not provide a credible explanation as to how the corporation had been making substantial amounts of money while at the same time losing money on the Xerox contract which was a substantial part of his business. Three of husband's sales representatives then left him to go with Xerox. Without an adequate sales force, husband then lost another contract in 1997 for insufficient sales. By 1996, the parties' marriage was deteriorating. Husband testified that he was having anxiety attacks. His problems continued and he did not believe that he could continue operating his business profitably. He sold the business in December, 1997. The $50,000 sale package included $15,000 cash, $5,000 cash for inventory, $10,000 a year for three years for a noncompete agreement, and $20,000 for consulting for the buyer for the first six months of 1998. A divorce case was pending when the business was sold and the buyer required that wife sign the sales documents. She did so after reviewing them with her attorney. Husband testified that in April, 1998, he started sending resumes in an effort to -2- 0796 SUPPORT 1996 96-6403 CIVIL TERM obtain a job in his field. He contacted employment agencies, attended job fairs, and searched for a job in the Internet. He testified that he was not able to obtain suitable employment. He then started to design web sites and obtained three jobs for a total of $4,550. Now he does odd carpentry and fix up jobs which are referred to him by an interior designer. He hopes this business will expand but he does not advertise or seek jobs from other sources. Through the last hearing on October 6, 1999, he had earned. $9,500 net after taxes in 1999. In the pending divorce case he filed a petition for alimony pendente lite that was consolidated with wife's support case. Before separation, wife did a minimum amount of clerical work for ABS Mailing Systems, Inc., earning $147 a month. After separation in January, 1996, and before she filed for support in August, 1996, husband provided her with $18,600 from his earnings. Wife has had several jobs since separation never earning more than $650 a month. Since July, 1997, she has worked for Fetrow Insurance in Mechanicsburg as a receptionist/clerk. The parties own two rental properties. Wife collects the rents and pays all bills. The excess in income over expenses which wife has been keeping is approximately $225 a month. Wife and Sean live in the marital residence upon which there is an $830 per month mortgage payment plus taxes and insurance. Stacy lived in that residence with wife until she graduated from high school in June, 1998. She is now an undergraduate at the Harrisburg Area Community College. Husband testified that he is sick, burned out and too old to get a job in his field. -$- 0796 SUPPORT 1996 96-6403 CIVIL TERM We find that he is a skilled salesman and that he has chosen not to work at his earning capacity. His petition seeking alimony pendente lite from wife is frivolous. We find that husband has at least a $35,000 a year earning capacity in sales which translateS into a net monthly earning capacity of $2,209.49. See, Pacella v. Pacella, 342 Pa. Super. 178 (1985). Based on the best evidence available from the poorly documented record we have calculated husband's earning capacity as per the attached support guideline computations for the following periods: (1) August 1, 1996 through December 31, 1996, as per Exhibit A, (2) for the year 1997, as per Exhibit B, (3) for the first six months of 1998, as per Exhibit C, (4) for the remainder of 1998, as per Exhibit D, and (5) January 1, 1999 forward as per Exhibit E.~ ORDER OF COURT AND NOW, this ~ day of January, 2000: (1) At the support action at 0796-1996, the amount of support set by the order of August 27, 1996, IS VACATED AND REPLACED WITH THIS ORDER: (2) For the following periods defendant, Edward A. McDermott, shall pay child support for Stacy McDermott, born November 18, 1979, and Sean McDermott, born November 26, 1984, and for his wife, Karen A. McDermott, as follows: (a) Effective August 1, 1996 through December 31, 1996, the sum of $1,394.71 per month for the two children and $957.69 for spousal support. Pa. Rule of Civil Procedure 1910.16-2 et seq. -4- 0796 SUPPORT 1996 96-6403 CIVIL TERM (b) Effective January 1, 1997 through December 31, 1997, the sum of $1,910.56 per month for the two children and $1,610.53 per month spousal support. (c) Effective January 1, 1998 through June 30, 1998, the sum of $849.25 per month for the two children and $385.64 per month spousal support. (3) Starting July 1, 1998 defendant shall pay child support for Sean McDermott and spousal support for Karen A. McDermott as follows: (a) Effective July 1, 1998 through December 31, 1998, the sum of $586.50 per month child support and $464.46 per month for spousal support. (b) Effective January 1, 1999 forward, the sum of $487.83 per month for child support and $269.00 per month spousal support. (4) At the divorce case at 96-6403 Civil, the petition of Edward A. McDermott for alimony pendente lite, IS DENIED. By the C.ourt, '~~ Edgar B. Bayley~J. -5- 0796 SUPPORT 1996 96-6403 CIVIL TERM Samuel Andes, Esquire For Karen A. McDermott Leroy Smigel, Esquire For Edward A. McDermott David C. Hatch, Domestic Relations Officer :saa -6- EXHI_BIT A PAGE PAGE 2 ;ih~iOd~ii': !ii?.ii::~:~h~idlCar~i~!iii~`~ii~!!i~/~!~nsL~:ran~:e.P~m.m.~.ii~ii?~i!i.~.i~ii ::iAcla~u°nav'~ee° ::::::::;::::::::::::: :: ' "'" ''~' '::'<::' ':'~:< :"'" ::::::::::::::::::::::::. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::: ....... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::: ~ ?: : oOa~i:::::~::'~::?:.L::?:.:.s :::?:~:::~:~%~::::~?~705~:20 ~2~228~::~:?:?:::: ..~.:.~,.....:: .: :.:.:.:........::..:.~.-.?~.~.~?.~.:.::.~.~.~.~.~.:.~:.~ ~.~ ~.:.~:.:....~.~ ~:.~.::.:~.~::~.~:~: ~.::.~.~.:.~.:.~.~.~.~.:: .~.~.:: .~::: .::.~.:.~.:.~.L~.~.:.:~.::.;.C~:. :.:.: ~:::.~.~.~..~:.~:::.~.~:.~.:.~.~.:.~..~.~.~L:~: :.:.::~:.~ ................. ~.~.~.:.:.~.~.~.:.:.~.~..:.:...:.:.....:.~.:.: ::.:.~.:.~.~.~.~.~.:.:.:.::..?..~.:::.:...~.~...-. ........ ~.:.:.:..~.~.:.:....:.~.:..~.-:.~.~,:.:.:--: .~.:.:...:-'.:.=...:.:...~....~.~-.'.:-:-:'.:..:.~ PAGE 3 PAGE 4 PAGE 5 EXHIBIT B PAGE 1 PAGE 2 PAGE 3 PAGE 4 PAGE 5 EXHIBIT C PAGE '1 PAGE 2 PAGE 3 PAGE 4 EXHIBIT D PAGE 1 PAGE 2