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HomeMy WebLinkAbout474 S 2005 KEITH L. KILLIAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PACSES NO: 401107418 LINDA E. KILLIAN, DEFENDANT 474 SUPPORT 2005 IN RE: EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE BAYLEY. J. OPINION AND ORDER OF COURT Bayley, J., December 5,2005:-- Plaintiff, Keith L. Killian, and defendant, Linda E. Killian, were married on April 27, 1996. Wife moved from the marital residence on June 9,2005. Husband filed a complaint for spousal support against wife. Husband is an equipment operator for the Pennsylvania Department of Transportation, with a net monthly income of $1 ,739. Wife is a business consultant for Highmark, with a net monthly income of $4,002. Wife denied liability for spousal support. The Support Master found that wife had met her burden of proof in establishing conduct on the part of husband constituting grounds for divorce, i.e., by offering such indignities to her as an innocent and injured spouse as to render her condition intolerable and life burdensome.1 Therefore, the Master recommenced that husband's claim for spousal support be denied. An interim order was signed by Guido, J., on September 21, 2005? 123 PaC.S. S 3301 (a)(6). 2 Notwithstanding his finding that plaintiff's complaint for spousal support be denied, the Master made a clerical error in the recommendation that, "The Defendant's complaint for spousal support be denied." The interim order reflected the same error. 474 SUPPORT 2005 Husband filed exceptions to the Support Master's Report. The standard for reviewing exceptions are set forth in Goodman v. Goodman, 375 Pa. Super. 504 (1988). The report is advisory only. While it is to be given the fullest consideration, especially with regard to the credibility of witnesses, a court is required to make a review to determine if the recommendations are appropriate. A dependent spouse is entitled to support unless the spouse seeking to nullify the obligation proves by clear and convincing evidence that the conduct of the dependent spouse constitutes grounds for a fault divorce. Hoffman v. Hoffman, 762 A.2d 766 (Pa. Super. 2000). We have reviewed the entire record and are satisfied that the recommendation made by the Support Master is legally correct, and supported by credible evidence. We accept his findings of fact. We find, by clear and convincing evidence, that husband offered such indignities to wife, an innocent and injured spouse, as to render her condition intolerable and life burdensome. ORDER OF COURT AND NOW, this day of December, 2005, IT IS ORDERED that the complaint by plaintiff, Keith L. Killian, for support against defendant, Linda E. Killian, IS DENIED. By the Court, Edgar B. Bayley, J. -2- 474 SUPPORT 2005 Taylor P. Andrews, Esquire For Plaintiff Carol J. Lindsay, Esquire For Defendant Michael Rundle, Esquire Support Master :sal -2- KEITH L. KILLIAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PACSES NO: 401107418 LINDA E. KILLIAN, DEFENDANT 474 SUPPORT 2005 IN RE: EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE BAYLEY. J. ORDER OF COURT AND NOW, this day of December, 2005, IT IS ORDERED that the complaint by plaintiff, Keith L. Killian, for support against defendant, Linda E. Killian, IS DENIED. By the Court, Edgar B. Bayley, J. Taylor P. Andrews, Esquire For Plaintiff Carol J. Lindsay, Esquire For Defendant Michael Rundle, Esquire Support Master :sal