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HomeMy WebLinkAbout1998-228 Civil PATRICIA A. CRAWFORD, : IN THE COURT OF COMMON PLEAS OF RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : DAVID A. CRAWFORD, : PETITIONER : 98-0228 CIVIL TERM IN RE: PETITION OF DAVID A. CRAWFORD TO TERMINATE ALIMONY OPINION AND ORDER OF COURT Bayley, J., August 18, 2009:-- Patricia A. Crawford, age 52, and David A. Crawford, age 53, were married on May 20, 1978. They have three children, two sons who are emancipated and a son Eric, age 18. Eric lives with his father in Harrisburg and will be starting his senior year 1 at Bishop McDevitt High School. The parties were divorced on March 22, 2001. 2 Neither has remarried. An order of alimony of $1,500 a month was entered effective March 22, 2001 . During fourteen years of their marriage wife stayed at home to raise the children. When the alimony order was entered she had annual income of $28,000. Husband worked in sales for a food distribution company and had annual income of $108,000. September 1, 2004 Effective , the alimony was modified to $500 a month plus ten percent of any gross bonuses paid to husband by his employer. At that time wife __________ 1 The father pays a $4,425 per year tuition to Bishop McDevitt. The mother pays the father $516 per month child support. 2 For ease of reference, although undoubtedly to their chagrin, we will still refer to the 98-0228 CIVIL TERM had an annual income of $27,000. Husband, who had lost his job, was working for another food distribution company with an annual income of $60,000 plus bonuses. July 2, 2009 On , husband filed a petition to terminate or modify the alimony. A August 17, 2009 hearing was conducted on . Husband worked in sales for US Food Services until June 30, 2009, when his job was terminated and he was laid off with no severance. He then drew $520 a week unemployment until he obtained a job effective July 20, 2009, with C.A. Curtze, Co., a food distribution company in Erie, Pennsylvania. 3 He was hired to sell food products to non-chain restaurants in the Harrisburg area. His annual salary will be $48,800 for the first year. During that year he will be in training in Erie for several days every other week. Husband owns a home in Harrisburg, Dauphin County, with a mortgage of $634 a month. In 2008, wife had annual income of $31,884. At the end of the year she changed her employment to Navarro and Wright Consulting Engineers where she is an assistant to the president with an annual income of $36,000. Wife owns a home in Upper Allen Township, Cumberland County, with a mortgage of $400 a month. The Divorce Code at 23 Pa.C.S. Section 3701(e) provides: Modification and termination.— An order [of alimony] entered upon pursuant to this section is subject to further order of the court changed circumstances of either party of a substantial and continuing naturemodified, suspended, whereupon the order may be parties as husband and wife. 3 His territory includes 48 non-chain restaurants that he testified he will be prevented from selling to until June 30, 2010, due to his prior employment with US Food Services. -2- 98-0228 CIVIL TERM terminated or reinstituted or a new order made. . . . (Emphasis added.) Since the current $500 alimony order was entered on September 1, 2004, husband has incurred a substantial decrease in income while wife’s income has increased. At his current income level, and certainly until Eric completes high school, husband does not have enough money to cover all of his reasonable expenses. Under these circumstances we will suspend the order of alimony effective September 1, 2009. We do not discount that wife will be significantly affected by this order. She may petition to reinstitute or otherwise modify the alimony effective September 1, 2010. ORDER OF COURT AND NOW, this day of August, 2009, the order of alimony entered on IS SUSPENDED September 1, 2004, effective September 1, 2009. Patricia A. Crawford may petition to reinstitute or otherwise modify the alimony effective September 1, 2010. By the Court, Edgar B. Bayley, J. Richard R. Gan, Esquire For Respondent Samuel L. Andes, Esquire For Petitioner :sal -3- PATRICIA A. CRAWFORD, : IN THE COURT OF COMMON PLEAS OF RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : DAVID A. CRAWFORD, : PETITIONER : 98-0228 CIVIL TERM IN RE: PETITION OF DAVID A. CRAWFORD TO TERMINATE ALIMONY ORDER OF COURT AND NOW, this day of August, 2009, the order of alimony entered on IS SUSPENDED September 1, 2004, effective September 1, 2009. Patricia A. Crawford may petition to reinstitute or otherwise modify the alimony effective September 1, 2010. By the Court, Edgar B. Bayley, J. Richard R. Gan, Esquire For Respondent Samuel L. Andes, Esquire For Petitioner :sal