HomeMy WebLinkAbout03-1266 CivilTHERESA A. COSTA
V.
VINCENT L. COSTA
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-1266 CIVIL
CIVIL ACTION - LAW
IN RE: EXCEPTIONS AND CROSS-EXCEPTIONS TO SUPPORT MASTER'S
REPORT AND RECOMMENDATIONS
BEFORE GUIDO, J.
MEMORANDUM OPINION AND ORDER
On May 9, 2003, we entered an interim order awarding alimony pendente lite to
the plaintiff. The order was based upon the recommendations made by the Support
Master after a full evidentiary hearing. Currently before us are the exceptions and cross
exceptions filed by each party to the Master's Report and Recommendation.
The standard we must apply in reviewing exceptions to a support master's report
and recommendations was set forth in Goodman v. Goodman, 375 Pa. Super. 504, 544
A.2d 1033 (1988). As the Court noted, "such a report is to be given the fullest
consideration, especially with regard to the credibility of witnesses". 544 A.2d at 1035.
However, it is "advisory only", and we are not bound by it. Rothrock v. Rothrock, 765
A.2d 400, 404 (2000).~ Rather, we "must consider the evidence, its weight, and the
credibility of the witnesses, de novo". Id. "It is the sole province and the responsibility
~ Rothrock deals with exceptions to a divorce master's report and recommendations. However, the
Goodman Court held that it makes no difference whether the report and recommendations are from a
support master or a divorce master, the standard of review is the same.
NO. 2003-1266 CIVIL
of the court to set an award of support, however much it may choose to utilize the
Master's report." Goodman v. Goodman, 544 A.2d at 1035.
We have thoroughly reviewed the record, including the transcript of the testimony
and exhibits presented to the Master, as well as his report. We have also reviewed the
briefs of the parties and have heard argument thereon. We are satisfied that the order we
entered pursuant to the recommendations made by the Master is appropriate under the
facts and circumstances existing in this case.
ORDER OF COURT
AND NOW, this day of AUGUST, 2003, after reviewing the record, as
well as the briefs of the parties, and having heard argument thereon, it is hereby ordered
and directed as follows:
1.) Defendant's Exceptions to the Support Master's Report and
Recommendations are DISMISSED.
2.) Plaintiff' s Cross-Exceptions to the Support Master's Report and
Recommendations are DISMISSED.
Our Interim Order of Court dated May 9, 2003, is hereby made final.
By the Court,
Michael Rundle, Esquire
Kristin R. Reinhold, Esquire
5922 Linglestown Road
Harrisburg, Pa. 17112
Kenneth A. Wise, Esquire
126 Locust Street - P.O. Box 11489
Harrisburg, Pa. 17108-1489
Edward E. Guido, J.
NO. 2003-1266 CIVIL