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HomeMy WebLinkAbout98-230 supportSATIRA M. QUARLES, PLAINTIFF V. ROBERT L. QUARLES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PACES NO. 784100068 230 SUPPORT 1998 OPINION AND ORDER OF COURT Bayley, J., January 13, 1999:-- On March 18, 1998, Satira M. Quarles filed a complaint for spousal support against Robert L. Quarles. After a DRO conference and a hearing in this court, an interim order was entered on August 10, 1998, supported by a written opinion, finding liability and returning the bifurcated case to the Domestic Relations Office for a conference to determine the appropriate amount of any spousal support. The support officer found that husband's monthly net income from United States Army retirement was $1,518. Wife was not working, and her earning capacity was set at $1,073. A dependent minor child was living with husband. Based on those findings, we entered an order on August 14, 1998, that no spousal support was due wife because of an offset of her obligation to husband for the support of their child? Wife appealed and a hearing was conducted on November 30th. The parties' child, who was not in high school, was eighteen years old on the day of the hearing so no offset for child support was thereafter required. Wife sought the entry of an order of spousal support starting on November 30, 1998. She testified that she had obtained employment on September 28, 1998, which was after the support conference, with the First Maryland Bank Corporation and that her gross bi-weekly 1. Pa. Rule of Civil Procedure 1910.16-5(j). 230 SUPPORT 1998 income was $807 with a bi-weekly net of $625. She did not, however, have any documentation of her income. Husband's net retirement income was $1,518 per month. On November 30th, an order was entered allowing wife to file of record "It]he originals of her two most recent bi-weekly pay stubs that will show her gross income, all deductions, and her net income for those pay periods." When wife did not file the documentation, an order was entered on December 16, 1998, setting an additional hearing for January 11, 1999, at which time wife was directed "[t]o produce at this hearing all her pay stubs to date starting with the two most recent pay stubs prior to November 30, 1998, that will show her gross income, all deductions, and her net income for such pay periods." We stated: We will not enter an order of spousal support without documentation as to plaintiff's income. Plaintiff was unemployed when she appeared in the Domestic Relations Office. She has not produced documentation as to her income from her employment that started on September 28, 1998, with the First Maryland Bank Corporation. Wife did not appear at the hearing on January 11th.2 Although wife is working she has refused to submit documentation as to her income, after being given ample opportunity, for reasons we cannot fathom. Such documentation is the best evidence of her income and is necessary to determine the proper amount of any spousal support. Husband appeared for the initial DRO conference, the hearing in this court on liability, the second DRO conference and the hearing that was to be conducted on January 11th. Plaintiff has failed to produce credible evidence of her income which She notified this court that she would not be at the hearing. -2- 230 SUPPORT 1998 evidence is necessary to determine the amount of any spousal support due from her husband. Accordingly, for that reason alone, the following order is entered. AND NOW, this ORDER OF COURT . day of January, 1999, the petition of Satira M. Quarles for spousal support, IS DENIED. Satira M. Quarles, Pro se 200 East Pomfret Street Carlisle, PA 17013 By the Court, .;~'~ Edgar B. Bayl~, J. Robert L. Quarles, Pro se 1416 Bradley Drive Apartment 312 Carlisle, PA 17013 R. J. Shadday, DRO :saa -3-