HomeMy WebLinkAbout723 S 2000
KAREN A. CARIGNAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
GREGG R. CARIGNAN,
Defendant
NO. 723 SUPPORT 2000
PACSES NO. 681102568
DOMESTIC RELATIONS SECTION
IN RE: DEFENDANT'S EXCEPTIONS
TO SUPPORT MASTER'S REPORT AND RECOMMENDATIONS
BEFORE GUIDO. J.
MEMORANDUM OPINION AND ORDER
Currently before us are defendants' exceptions to the Support Master's Report
and Recommendations of February 14, 2005. Based upon the Master's Report and
Recommendations, an interim order was entered on the same date dismissing the
defendant's petition to modify the support order.
We have reviewed the transcript of the hearing before the master and adopt his
findings of fact. Defendant alleges that his incarceration for civil contempt is a change in
circumstances which would justify the reduction in his support obligation. 1 However,
incarceration is not "sufficient grounds for modification or termination of a support
order." Yerkes v. Yerkes, 573 Pa. 294, 824 A.2d 1169 (Pa. 2003)? Therefore, we will
enter the order that follows.
1 He also alleges that the Master erred in failing to consider Plaintiff's SSI benefits as well as the income of
her roommate. However, the record clearly shows that she was receiving the same SSI benefits and her
roommate was earning the same income at the time the original order was entered.
2 For various reasons, defendant has asked us not to follow Yerkes. However, since we can find no
meaningful distinction between the facts in Yerkes and those in the case before us, we are bound to follow
it.
NO. 723 SUPPORT 2000 - PACSES # 681102568
ORDER OF COURT
AND NOW, this
day of JUNE, 2005, Defendant's Exceptions to the
Support Master's Report and Recommendations are DISMISSED and the Interim Order
of Court dated February 14, 2005, is hereby made FINAL.
By the Court,
Edward E. Guido, J.
Karen A. Carignan
Gregg R. Carignan
Domestic Relations
Michael R. Rundle, Esquire
Support Master
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