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KARENA J. WINTER
V.
JAMES D. COOPER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-00446 SUPPORT
: PACSES # 622101146
IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF SUPPORT
BEFORE GUIDO, J.
AMENDED ORDER OF COURT
AND NOW, this 24TM day of FEBRUARY, 2000, it is ordered and directed that
our order of February 18, 2000, be amended to reflect a correction of the year of the
original order to October 19, 1999. In all other respects the order of February 18, 2000,
shall remain in full force and effect.
By the
Edward E. Guido, J.
Domestic Relations Office
Karena J. Winter
212 Second Street
Enola, Pa. 17025
James D. Cooper
115 North Queen Street
York, Pa. 17403
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KARENA J. WINTER
Vo
JAMES D. COOPER
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 99-00446 SUPPORT
· PACSES # 622101146
·
IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF SUPPORT
BEFORE GUIDO, J.
AND NOW, this
ORDER OF COURT
/~:~~ day of FEBRUARY, 2000, it is ordered and directed
that our order of October 19, 2000, shall remain in full force and effect and that
defendant's appeal in connection therewith is DISMISSED.
By the
Edward E. Guido, J.
Domestic Relations Office
Karena J. Winter
212 Second Street
Enola, Pa. 17025
James D. Cooper
115 North Queen Street
York, Pa. 17403
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KARENA J. WINTER
go
JAMES D. COOPER
' IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
·
· NO. 99-00446 SUPPORT
· PACSES # 622101146
IN RE: PI,AINTIFF'S PETITION FOR MODIFICATION OF SUPPORT
BEFORE GUIDO, J.
.OPINION AND ORDER OF COURT
The parties are the natural parents of James Ryan Cooper, bom August 13, 1989.
On June 5, 1999, plaintiff filed a complaint for support. Defendant was ordered to pay
the modest amount of $60 per month for the support of his son.
On September 23, 1999, plaintiff filed a petition for modification of the support
order alleging that defendant's earnings had significantly increased. A support
conference was held at the Domestic Relations Office on October 19, 1999. Based upon
the recommendation of the conference officer we entered an order directing defendant to
pay child support in the amount of $279.64 per month. Defendant filed the instant
appeal. A heating de novo was held before this Court on February 10, 2000.
FINDINGS OF FACT
1) Plaintiff works for Penn DOT. Her net monthly income is $1632.~
~ Plaintiff reported a net monthly income of $1604 at the conference. She testified that she has since
received a 1.75% raise.
99-00446 SUPPORT - PACSES 622101146
2) Defendant is employed as a sixth grade teacher for the Harrisburg School District.
His net monthly income is $1904.
3) Defendant .spends a substantial amount of time with his son. The child spent
approximately 40% of his ovemights with defendant from the time the petition for
modification was filed until the date of the hearing.
4) Neither party has any extraordinary expenses which would justify a deviation from
the guidelines.
DISCUSSION
Defendant's only contention on appeal is that he should not be obligated to pay
child support since he spends more than 50% of the time with the child. There is no court
order controlling custody and visitation.2 However, the parties have a de facto
arrangement whereby the child lives with plaintiff during the school year and visits with
defendant every other weekend. Plaintiff allows additional weekend visitation with the
child if something special has been planned.3
Since the filing of the petition to modify the support order, the child has spent the
night at defendant's home approximately 40% of the time.4 The conference officer
calculated defendant's support obligation based upon the child spending 45% of the time
with defendant. Plaintiff indicated that she had no objection to such an adjustment. It
appears that plaintiff has treated defendant more fairly than is required under the law and
facts. Therefore, we see no reason to disturb the order as originally entered.
2 We are advised that custody litigation is currently pending.
3 After he received notice that plaintiff had requested an increase in support, defendant began planning
something special every weekend. Furthermore, he began keeping track of the overnights that his son spent
with him.
4 The parties agree that the child spent most of last summer with the defendant. However, that was
properly reflected in the modest support he was paying at the time.
99-00446 SUPPORT - PACSES 622101146
ORDER OF COURT
AND NOW, this 18TM day of FEBRUARY, 2000, it is ordered and directed that
our order of October 19, 2000, shall remain in full force and effect and that defendant's
appeal in connection therewith is DISMISSED.
By the Court,
/.~/Edward E. Guido
Edward E. Guido, J.
Domestic Relations Office
Karena J. Winter
212 Second Street
Enola, Pa. 17025
James D. Cooper
115 North Queen Street
York, Pa. 17403
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