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HomeMy WebLinkAbout95-1469 supportBONNIE A. WOOLEVER, Plaintiff, Me JOHN G. DYE, Defendant. · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, PENNSYL SUPPORT NO. 95-1469 · CIVIL ACWION - SUPPORT · PACSES 261100008 IN RE: SUPPORT ,, , BEFORE GUIDO, J. AND NOW, this ORDER OF COURT day of AUGUST, 1998, after hearing and based upon the Court's determination that Plaintiffs net monthly income is $2197.38 and the Defendant's net monthly income is $2800.00, the Defendant is directed to pay to the Domestic Relations Office the sum of $240.00 per month for the support of Plaintiff effective April 1, 1998. The arrears shah be determined by the Domestic Relations Office. Domestic Relations Lisa Whistler Esq. Mr. John Dye By the Edward E. Guido, J. BONNIE A. WOOLEVER, Plaintiff', Vo JOHN G. DYE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · o · SUPPORT NO. 95-1469 o · : CIVIL ACTION- SUPPORT · · PACSES 261100008 IN RE' SUPPORT BEFORE GUIDO, J. OPINION AND ORDER OF COURT On March 31, 1998, Plaintiff filed the currem complaint for spousal support. On April 30, 1998, a conference was held at the Domestic Relations Office. Defendant denied liability for .. spousal support. A hearing on the issue of spousal support was held before this Court on July 23, 1998. The matter is now ready for disposition. FINDINGS OF FACT 1) Defendant John G. Dye is enlisted in the United States Navy. PlaintiffBonnie A. Woolever is employed at Kite Aid Corporation. 2) Plaintiff originally filed for spousal support in November of 1995. 3) In December of 1995 the parties entered into an agreement to have Defendant pay Plaintiff the sum of $550.00 per month spousal support until such time as the divorce was finalized. As a result Plaintiff withdrew her complaint for spousal support. 4) The aforementioned agreement was premised upon the understanding that Plaintiff'would proceed expeditiously with the divorce. 5) Plaintiff did not file for divorce until November of 1996. 6) Defendant continued paying the $550.00 per momh spousal support until July of 1997, at · NO. 95-1469 SUPPORT which time he unilaterally reduced the payments to $172.00 per month. He has made no payments since November 1997. 7) In the summer of last year Defendant's attorney forwarded an all encompassing property settlement and separation agreement to Plaintiff in order to conclude the divorce. Plaintiff made certain suggested changes to the agreement and returned it to Defendant's lawyer. All suggested changes were made and the document was returned to Plaintiff. She has done nothing to pursue the divorce since receiving the revised agreement. 8) Plaintiff has been dilatory in her pursuit of the divorce. 9) On March 31, 1998 the instant complaint for spousal support was filed by Plaintiff. 1 O) Based upon a review of the year to date earnings of Defendant (Pl.'s Ex. 1) we find his net monthly income to be $2,303.83. However, he indicated that he is currently earning $2,800 net per month which we will accept as his income figure. 11) Based upon a review of the year to date earnings of Plaintiff (Pl.'s Ex. 5), we find her net monthly income to be $2197.38. DISCUSSION Defendant offered no evidence which would justify the denial of spousal support to Plaintiff. Therefore, the only issue before us is the appropriate amount of support to award to Plaintiff. Plaintiff'would have us order Defendant to pay the sum of $550 per month pursuant to the agreement entered into by the parties in December of 1995. However, as mentioned above, that agreement was to be in effect only until the divorce became final. It was further premised upon NO. 95-1469 SUPPORT the understanding that Plaintiff' would proceed expeditiously in pursuing the divorce. Rather than proceed expeditiously, Plaintiff has, in fact, done what she could to delay the entry of a divorce decree. Therefore, we cannot in good conscience enforce the agreement. Since neither party presented any evidence of extraordinary expenses, we see no reason to deviate from the support guidelines set forth in Pa. Rule of Civil Procedure 1910.16-1 et seq. Applying those guidelines to the instant case, we have determined Defendant's monthly support obligation to be $240.00. Therefore, we will enter the following order. ORDER AND NOW, this _~__ day of AUGUST, 1998, after hearing and based upon the Court's detem~ation that Plaintiff's net monthly income is $2197.38 and the Defendant's net monthly income is $2800.00, the Defendant is directed to pay to the Domestic Relations Office the sum of $240.00 per month for the support of Plaintiff effective April 1, 1998. The arrears shall be determined by the Domestic Relations Office. By the Court, /s/Edward E. Guido~ J. Edward E. Guido, J.