Jorge L. Duran v. Regina M. Duran (2010)

PENDENTE LITE ORDERS

The court, after having heard the testimony of the parties and having considered the exhibits entered into evidence and oral arguments by counsel hereby enters the following orders:

Motion # 103-Granted as Follows:

1. The plaintiff shall pay the outstanding electric bill for the marital home within forty-eight hours after the receipt of this order.

2. From December 2, 2010 forward, or until further order of the court, the plaintiff shall be responsible to pay in a timely manner the following household expenses for the benefit of the marital home:  the mortgage, real estate taxes, fuel, electric, water, trash collection, television/cable/telephone services, alarm, homeowners insurance, any customary and usual maintenance expenses including mowing, plowing and general upkeep of the premises.

3. Because of the plaintiff's past failure to pay said expenses in a timely manner, the plaintiff shall submit proof of the above payments to his attorney the first of every month, and said proof shall be forwarded to defendant's attorney.

Motion # 104-Granted:

By agreement of the parties.

Motion # 105 and # 109:

The court declines to enter custody and/or visitation orders until such time as the Guardian Ad Litem meets with the children and reports back to this court, and until such time as the criminal protective orders are amended or dismissed.

Motion # 106 Granted in part as follows:

The plaintiff shall pay to the defendant $2,000 per month or 1,000 bimonthly unallocated spousal/child support pendente lite to be paid on the 1st and 15th of every month retroactive from December 1, 2010.   Said payments shall be automatically deposited into a bank account of the defendant's choice in her sole name.   A contingent wage garnishment shall enter.   The plaintiff shall continue to pay for all extra curricular activities for the children as agreed.   The defendant shall be responsible for paying her gasoline, cell phone, and defendant's clothing, and food for the family.

Motion # 107-Granted as follows:

The defendant shall have exclusive use and possession of the marital premises and all surrounding property as the court finds the plaintiff had voluntarily vacated the premises prior to having filed this action for dissolution.

Motion # 108-Granted as follows:

The parties shall cooperate and participate in counseling for the benefit of the minor children.   If the parties are unable to agree on a name of such a counselor, then the GAL shall submit a name to the parties provided that such counselor's services and/or sessions are covered under the existing medical insurance plan.

Motion # 110:  Granted

The court appoints Attorney Laura Zullo as the guardian ad litem for the minor children subject to her acceptance.   The GAL's retainer and fees shall be paid from jointly owned stock options held by the parties and listed on their respective financial affidavits.

Motion # 111:

Denied without prejudice.

Motion # 112:  Granted.

Both parties are ordered to make an appointment with family services for screening.

Motion # 113-Granted:

Neither party shall engage in the making of disparaging or negative remarks about the other, nor engage in any discussions pertaining to these court proceedings in the presence of the minor children.

BY THE COURT

Markle, Judge

Markle, Denise D., J.