Celeschi v. Celeschi

2011 Ohio 375
CourtOhio Court of Appeals
DecidedJanuary 26, 2011
Docket10-CA-6
StatusPublished
Cited by1 cases

This text of 2011 Ohio 375 (Celeschi v. Celeschi) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Celeschi v. Celeschi, 2011 Ohio 375 (Ohio Ct. App. 2011).

Opinion

[Cite as Celeschi v. Celeschi, 2011-Ohio-375.]

COURT OF APPEALS COSHOCTON COUNTY, OHIO FIFTH APPELLATE DISTRICT

DEBORAH L. CELESCHI JUDGES: Hon. William B. Hoffman, P.J. Plaintiff-Appellee Hon. Sheila G. Farmer, J. Hon. John W. Wise, J. -vs- Case No. 10-CA-6 JOHN D. CELESCHI

Defendant-Appellant OPINION

CHARACTER OF PROCEEDING: Appeal from the Coshocton County Court of Common Pleas, Case No. 2008-DV-0252

JUDGMENT: Affirmed

DATE OF JUDGMENT ENTRY: January 26, 2011

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

VAN BLANCHARD II ROBERT A. SKELTON 402 Main Street 309 Main Street Coshocton, Ohio 43812 Cochocton, Ohio 43812 Coshocton County, Case No. 10-CA-6 2

Hoffman, P.J.

{¶1} Defendant-appellant John D. Celeschi (“Husband”) appeals the April 8,

2010 Judgment Entry entered by the Coshocton County Court of Common Pleas, which

overruled his objections to the magistrate’s July 31, 2009 Decision, and approved and

adopted said decision as order of the court. Plaintiff-appellee is Deborah L. Celeschi

(“Wife”).

STATEMENT OF THE FACTS AND CASE

{¶2} Husband and Wife were married on September 30, 1979, in Coshocton

County, Ohio. The two children born as issue of the marriage are emancipated. On

April 9, 2008, Wife filed a Complaint for Divorce in the Coshocton County Court of

Common Pleas, asserting as grounds the parties were incompatible marriage partners,

and Husband was guilty of gross neglect of duty and extreme cruelty. On April 15,

2008, Husband filed an answer and counterclaim, admitting the parties were

incompatible, but denying his being guilty of extreme cruelty or gross neglect of duty.

Husband also alleged the parties were incompatible and Wife was guilty of gross

neglect of duty and extreme cruelty. Wife did not file an answer to Husband’s

counterclaim.

{¶3} The matter came on for trial before the magistrate on December 29, 2008,

and February 26, 2009. Prior to the presentation of evidence, the parties entered into a

number of factual stipulations, which were reduced to writing and filed with the trial court

on June 17, 2009.

{¶4} At trial, Wife acknowledged she and Husband are incompatible marriage

partners. She agreed, at a minimum, the trial court should grant the divorce on the Coshocton County, Case No. 10-CA-6 3

grounds of incompatibility with respect to Husband’s counterclaim. In support of her

position the divorce should be granted on the grounds of extreme cruelty and gross

neglect of duty, Wife described two incidents as examples. Wife recalled in 1996, she

and Husband were residing with their then minor children at 328 North Ninth Street in

Coshocton. In 1997, the parties purchased another residence located at 303 South

Tenth Street in Coshocton. Although Wife and the children moved into the Tenth Street

residence, Husband continued to reside at the Ninth Street residence where he

remained until 2007. Husband’s stated reason for remaining at the Ninth Street

residence was to care for his five dogs as there was no room for the animals at the new

residence. After moving to the Tenth Street residence, Wife was responsible for raising

the children, cooking, cleaning, laundry, shopping, and bill paying.

{¶5} Wife acknowledged the bills were paid from a joint checking account to

which both she and Husband contributed. Husband visited the Tenth Street residence

in the morning, and worked on cars or fiddled around the house. Husband and Wife

had not had a physical relationship since 1998. Wife also took care of the outside home

maintenance. Husband worked on normal repairs to the home, but sometimes did not

finish the projects he begun. When Husband moved into the Tenth Street residence in

2007, he slept on the couch in the living room and used a spare bedroom to store his

belongings.

{¶6} Wife explained the parties filed bankruptcy because they accumulated too

much credit card debt. According to Wife, Husband had created most of the debt. Wife

noted the bankruptcy proceedings were complete and the discharge had been granted.

Wife conceded the debts owed prior the bankruptcy were no longer owed; therefore, did Coshocton County, Case No. 10-CA-6 4

not constitute marital debt. The bankruptcy and the bankruptcy filing had a negative

impact on Wife’s credit.

{¶7} At the time of trial, the balance on the mortgage on the Tenth Street

property was $45,480.71. With respect to the Tenth Street residence, Wife asked the

trial court to permit her to remain there. After Wife filed the Complaint for Divorce,

Husband closed the parties’ joint checking account, which had a balance of $1,311.33.

The bankruptcy court refunded $192.07 to the parties, which Husband kept. Wife

further testified regarding funds which the parties received during the pendency of the

divorce. Wife noted she kept the 2007 Federal Tax Refund of $5643.00. Husband

retained approximately $2000.00 from the 2006 Federal Tax Refund.

{¶8} Wife detailed her employment history throughout the course of the

marriage. For the last five and one-half years, Wife worked at Kraft Foods, earning

$13.20/hour. Wife entered into evidence paystubs from the last four weeks of 2008.

Those paystubs showed Wife’s gross income for 2008, as being $23,580.00. Wife’s

2007 earnings were $22,315.42. Husband’s 2007 W-2 showed his gross income as

$72,257.30. Wife indicated, in the past, she had submitted applications to a number of

local factories, but she would not make more money than she made at Kraft Foods.

Wife stated she had not taken classes to gain employment skills as she could not afford

to do so. On cross-examination, Wife agreed her December 14, 2008 paycheck

showed her year to date earnings as $31,599.03. Wife agreed with the two remaining

paychecks from 2008, her total yearly earnings would be approximately $33,000.00.

{¶9} Husband testified, although he admitted in his answer to the complaint, he

and Wife were incompatible, at the time of trial, he no longer believed that. Husband Coshocton County, Case No. 10-CA-6 5

stated he helped, and continues to help, in the care and maintenance of the Tenth

Street residence. Husband explained he moved into the Tenth Street residence after

the parties’ daughter and her family needed to move into the Ninth Street residence.

Husband explained he attempted to resume the marital relationship, but Wife was upset

he had moved in. Husband acknowledged he was irresponsible with money which

caused the parties to file bankruptcy. He added that Wife contributed to the money

problem with her buying. Husband explained he alleged Wife was guilty of gross

neglect of duty and extreme cruelty in his counterclaim because he was upset after

receiving the complaint. Husband testified Wife went to bars and stayed out until the

early hours of the morning. Husband indicated he believes he and Wife have

contributed equally to the Tenth Street residence.

{¶10} Husband noted he deposited the bankruptcy refund check of $192.07 into

his checking account and used the funds to pay marital bills. Husband used the portion

of the 2006 Federal Income Tax Refund he received to pay his attorney. He added he

paid city income tax from money from in the joint checking account. Husband is

employed as a welder mechanic at Conesville Coal, and earned $76,190.42 in 2008.

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