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Home My WebLink About00-451 civilANGELA M. TOMASELLO V, NICK T. TOMASELLO · IN THE COURT OF COMlXlON PLEAS OF · CUMBERLAND COUNTY. PENNSYLVANIA : : · NO. 741 SUPPORT 2000 - PACSES 378102577 ANGLEA M. TOMASELLO Me NICK TOMASELLO · NO. 2000-0451 CIVIL TERM : : : : · CIVIL ACTION - LAW AMENDED ORDER OF COURT AND NOW, this 12TH day of FEBRUARY, 2001, our Order of January 24, 2001, is amended to provide that defendant xvill maintain medical insurance on the children. In all other respects, the Order of January 24, 2001, shall remain in full force and effect. Ed~vard E. Guido, J. Domestic Relations Office Jeffrey N. Yoffe, Esquire For the Plaintiff Peter R. Henninger, Jr., Esquire For the Defendant THURSDAY- FEB. 8 JUDGE' RICKI SHADDAY FROM DRO PHONED THE STATE TO VERIFY ABOUT THE TOMASELLO INSURANCE. THE LADY SAID' AS LONG AS NICK (THE DAD) IS ELIGIBLE THE CHILDREN WILL BE AND ARE COVERED UNDER HIS INSURANCE PLAN. MR. TOMASELLO'S EVALUATION WILL BE BROUGHT UP AGAIN IN MARCH 2001. (THIS IS THE 6 MONTH REVIEW) INSURANCE FOR THE MOTHER (PLAINTIFF) TO COVER THE CHILDREN WOULD BE $63.60 BI-WEEKLY. ANGELA M. TOMASELLO V, NICK TOMASELLO · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · · NO. 2000-0451 CIVIL · · CIVIL ACTION- LAW · IN RE' AI~IMONY PENDENTE LITE BEFORE GUIDO, J. AND NOW, this ORDER OF COURT lt~ day of JANUARY, 2001, for the reasons set forth in the attached opinion, it is hereby ordered and directed that defendant pay to the State Central Disbursement Unit $82.73 per month as Alimony Pendente Lite. Said order is to be effective from August 17, 2000, to October 14, 2000. Effective October 14, 2000, this order for APL shall be and is hereby suspended until further order of court. Arrears, or credit, shall be determined by the Domestic Relations Section. Any arrears shall be paid at the rate of $10.00 per month until paid in full. Any credit balance shall be applied to the arrears on the child support order entered at No. 741 SUPPORT 2000 (DR# 29978). The d6fendant shall not be responsible for any of plaintiff's unreimbursed medical expenses. Plaintiff to provide her own medical insurance. Jeffrey N. Yoffe, Esquire Peter R. Henninger, Jr., Esquire Edward E. Guido, J. Domestic Relations ANGELA M. TOMASELLO · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA g. ' NICK TOMASELLO · NO. 2000-0451 CIVIL · CIVIL ACTION- LAW IN RE: ALIMONY PENDENTE LITE BEFORE GUIDO, J. OPINION AND ORDER OF COURT On Oct0ber '4, 2000, pursuant to the recommendation of the Domestic Relations Office, this Court ordered defendant to pay alimony pendente lite to plaintiff in the amount of $131 per month plUs, $15 on arrears. Defendant filed a timely request for a hearing de novo which was held on December 21, 2000. Defendant's request for a . hearing de novo in connection with a child support order entered at No. 741 SUPPORT 2000 was consolidated with this matter for hearing purposes. At the conclusion of the hearing we made the findings of fact which are attached hereto as Exhibit 1. Although the caption indicates that the findings of fact apply to both the APL and Child support actions, they were meant to apply only to the child support action. The parties were hopeful of reaching a stipulation of facts for purposes of the APL action. Unfortunately, this was not to be accomplished. We adopt all of the findings of fact contained in Exhibit 1 attached hereto, except number 5. We make the follOwing additional findings of fact: 2000-451 CIVIL TERM (APL) ADDITIONAL FINDINGS OF FACT (1 .) The plaintiff' s net monthly income is $1175.33. (2.) The defendant's net monthly income was $2290.79 until October 14, 2000. (3.) Effective October 14, 2000, defendant's monthly income/earnings capacity decreased to $1972.02 per month. (4.) Defendant was obligated to pay plaintiff the sum of $475 per month for child support until October 14, 2000. Thereafter, his monthly child support obligation was reduced to $398.34. (5.) The' 50/50 custody arrangements is sufficient to justify a deviation from the guideline. (6.) The effective date of any order is August 17, 2000. DISCUSSION Applying the guidelines, we have calculated defendant's APL obligation to be $192.13 prior'to October 14, 2000. The calculation is as follows' $2290.79 1175.33 1115.46 475.00 640.46 x.30 - defendant's net monthly income - plaintiff's net monthly income - defendant's child support.obligation - difference $192.13 APL Defendant's guideline APL obligation after October 14, .2000, is $119.50, calculated as follows: 2000-451 CIVIL TERM (APL) $1972.02 -1175.33 796.69 - 398.34 398.35 x .30 $119.50 - defendant's net monthly income - plaintiff's net monthly income - defendant's child support obligation APL obligation In Litmans v. Litman$, 449 Pa. Super. 209, 673 A.2d 382, (1996) the Superior Court discussed the purpose Of. APL, i.e., to level the economic playing field for the parties to a divorce action. Quoting from its prior decision in DeMasi v. DcMasi, 408 Pa. Super. 414, 597 A.2d 101 (1991), the Litman Court reiterated: APL is based on the need of one party to have equal financial resources to pursue a divorce proceeding when, in theory, the other party has major assets which are the financial sinews of domestic warfare. APL focuses on the ability of the individual who receives the APL during the course of the litigation to defend her/himself, and the only issue is whether the amount is rea§onable for that purpose, which tums on the economic resources available to the spouse. (citations omitted) 673 A.2d at 388. If we were to order A~PL in accordance with the guidelines, plaintiff would end up with a greater monthly income than defendant. In view of the pure 50/50 custody arrangement, this result world not only be unfair; it Would be contrary to the purpose for which APL is intended. Therefore, we will deviate from the guidelines to enter an order of APL in the amount of $82.73 per month effective August 17, 2000, through October 14, 2000. Thereafter, the Order of APL shall terminate.~ ~ The net effect of this order is to equalize the household incomes of the parties. Prior to October 14, 2000, when the child support and APL are added to plaintiffs income and subtracted from defendant's income each party's net monthly income is $1733.06. After October 14, 2000, the revised child support figure equalizes the parties' income. 2000-451 CIVIL TERM (APL) ORDER OF COURT AND NOW, this 26TM day of JANUARY, 2001, for the reasons set forth in the attached opinion, it is hereby ordered and directed that defendant pay to the State Central Disbursement Unit $82.73 per morith as Alimony Pendente Lite. Said order is to be effective from August 17, 2000, to October 14, 2000. Effective October 14, 2000, this order for APL shall be and is hereby suspended until further order of court. Arrears, or credit, shall be determined by the Domestic Relations Section. Any arrears shall be paid at the rate of $10.00 per month until paid in full. Any credit balance shall be applied to the arrears on the child support order entered at No. 741 SUPPORT 2000 (DR # 29978). The defendant shall not be responsible for any of plaintiff's unreimbursed medical expenses. Plaintiff to provide her own medical insurance. By the Court, /s/Edward E. Guido Edward E. Guido, J. Jeffrey N. Yoffe, Esquire For the Plaintiff Peter R. Henninger, Jr., Esquire For the Defendant Domestic Relations :sld ANGELA M. TOMASELLO, Plaintiff V , NICK T. TOMASELLO, Defendant AI~GELA M. TOMASELLO, Plaintiff V · NICK T. TOMASELLO, Defendant DR 29,978 · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : · DOMESTIC RELATIONS SECTION · CIVIL ACTION - SUPPORT · · · 741 SUP PORT 200 · DR 30,033 · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLV~IA : · · CIVIL ACTION - LAW : · · 00-451 CIVIL TERM IN RE- FINDINGS OF FACT AND NOW, this 21st day of December, 2000, after hearing, we make the following findings of fact- 1. The parties have stipulated that the support order for the children as previously computed by the Domestic Relations Office is appropriate. 2. There was a change of circumstances effective October 14, 2000, in that Defendant became disabled from performing his job at the State Correctional Institution at Camp Hill. 3· Defendant is receiving monthly disability payments in the amount of $897.61. This is a net figure. 4. The Defendant is able to receive those disability payments and still work at a job in which his disability does not affect his performance. We find that he has an earnin~ capacity of $7.00 per hour, 40 hours per week gross. 5. There is no reason to justify a deviation from the guidelines. 6. The parties still have 50/50 custody of ,, the children. The Domestic Relations Office is directed to prepare a guideline calculation based upon these findings of fact so that we may enter a modified order effective October 14, 2000. By the Court, Edward E. Gui do, J. Jeffrey N. Yoffe, Esquire For the Plaintiff Peter R. Henninger, Jr., Esquire For the Defendant -mae In the Court of Common Pleas of Phone: (717) 240-6225 DOMESTIC RELATIONS SECTION P.O. BOX 320, CARLISLE, PA. 17013 Plaintiff Name' ANGELA M. TOMASELLO Defendant Name: NICK T. TOMASELLO Docket Number: 0074z s 2oo0 PACSES Case Number: Other State ID Number: County, Pennsylvania Fa.x: (717) 240-6248 Please note: All correspondence must include the PACSES Case Number. Suouort Guideline Calculation _ _ CHILD SUPPORT 1. Number of Dependents in this Case 2. Total Gross Monttfly Income 3. Less Monthly Deductions 4. Monthly Net Income 5. Combined Total Monthly Net Income 6. Basic Child Support Obligation 7. Net Income as Percentage of Combined Amount 8. Each Parent's Monthly Share of the Basic Child Support Obligation 9. Adjustment for Shared Custody 10. Adjustment for Child Care Expenses 11. Adjustment for Health Insurance Premiums 12. Adjustment for Unreimbursed Medical Expenses 13. Adjustment for Additional Expenses 14. Total Obligation with Adjustments 15. Less Split Custody Counterclaim Defendant 0o Plaintiff 02 ' $ 1,972.02 $ 0.00 $ 1,972.02 $ 1,175.33 $ 0.00 $ 1,175.33 3r147.35 986.00 62.66 % 37.34 % $ 617.83 $ 368.17 $ -219.49 $ 398.34 $ 0.00 , 16. Obligor's Support Obligation ....... $ 398.34 Service Type M Form OE-019 Worker ID 210 0 5