Anzalone v. Anzalone

835 A.2d 773, 2003 Pa. Super. 407, 2003 Pa. Super. LEXIS 3716
CourtSuperior Court of Pennsylvania
DecidedOctober 28, 2003
StatusPublished
Cited by39 cases

This text of 835 A.2d 773 (Anzalone v. Anzalone) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anzalone v. Anzalone, 835 A.2d 773, 2003 Pa. Super. 407, 2003 Pa. Super. LEXIS 3716 (Pa. Ct. App. 2003).

Opinion

BENDER, J.

¶ 1 James Anzalone (Husband) appeals from the November 19, 2002 order that entered the final divorce decree ending his marriage to Jessie Anzalone (Wife). Husband raises numerous issues concerning the valuation and equitable distribution of the parties’ marital estate, and the denial of attorney’s fees. We affirm in part, vacate in part, and remand for recalculations in accordance with the directives contained within this opinion.

¶ 2 On February 20, 1996, Wife filed a complaint in divorce and the matter was presented to a Master, who after three days of hearings issued a report and recommendations regarding equitable distribution of the marital property, counsel fees and costs. Husband filed exceptions that were denied by the trial court by order, dated November 5, 2002. In the November 5th order, the court decreed the adoption of the Master’s report and, subsequently, on November 19, 2002, issued the final divorce decree dissolving the parties’ marriage. 1 This appeal followed.

¶ 3 Initially, we first set out the facts we have gleaned from the Master’s report, 2 which contains a discussion of the evidence presented in the context of the eleven fac *776 tors provided in section 3502(a) of the Divorce Code, 23 Pa.C.S. § 3502(a). 3 The parties, neither of whom had been previously married, were married on November 13, 1971, and separated on February 14, 1996, after more than 24 years of marriage. They are the parents of four children, who have all reached the age of majority. Wife is in good health and has taught at a private school, presently earning $36,000.00 per year. Wife has a retirement plan with TIAA/CREF. Husband, who at the time of the Master’s hearing was 56 years old, is an attorney who earlier in his career worked for a public defender’s office and then established his own practice. In November 1994, Husband admitted himself into an inpatient alcohol rehabilitation program and as a result he experienced a decrease in clients in his law practice. In December 1995, Husband underwent cardiac bypass surgery, and subsequently, he closed his law practice. Husband’s federal income tax return for the year 2000 indicated gross income of $9,239.00. Husband has had medical insurance coverage through Wife’s employment for which he pays $289.00 per month. Husband testified that although he has sought employment as an attorney, he has been unable to secure such employment. Neither party presented evidence of extraordinary expenses or needs. Nor did either party claim contribution to the educational training or increased earnings of the other party.

¶ 4 With regard to the fifth factor under section 3502(a), the Master concluded that both parties will have an opportunity to acquire future assets and income, relying on Husband’s earning power as an attorney and on Wife’s non-marital assets, inheritance and employment. The Master also found that both parties contributed to the household and child rearing responsibilities. However, the Master recognized that “the parties had difficulty paying their usual living expenses resulting in repeated requests to Wife’s father for financial assistance.” Master’s report, 2/6/02, at 7. The Master also found that “the acquisition of most of the property subject to the claim for equitable distribution was obtained through gifts made by Wife’s grand *777 mother and parents to Wife and to the parties.” Id. Moreover, concerning the contribution or dissipation in the acquisition of marital property, as per the seventh factor under section 3502(a), the Master found:

With respect to preserving marital assets during the marriage, the Master finds that Wife expended sixty-nine thousand two hundred thirty eight dollars ($69,238.00) of her non-marital money to pay marital debts. Wife pledged stock that she received as a gift from her family as collateral for two loans with PNC Bank. In order to satisfy its loan, PNC Bank in 1995 took Wife’s non-marital stock which was valued at $46,238.75. Additionally, the Master finds that Wife transferred twenty-three thousand dollars ($23,000.00) from her non-marital PNC Savings Account as payment on the marital loans from Wife’s father.
After the parties separated, Wife preserved the marital residence by making repairs and paying the real estate taxes, homeowner’s insurance, lawn-care and snow removal. Wife paid approximately $3,561.00 in real estate taxes. Wife paid $5,439.00 to repair the bathroom. Wife purchased and installed seven windows. Wife paid approximately $1,000.00 per year for homeowner’s insurance. Wife paid approximately $1,500.00 per year for lawn care.
Husband testified that he also paid real estate taxes and produced Exhibits D-ll and D-12. Said Exhibits are a July 16, 1996 cashier’s check stub made payable to Luzerne County Treasurer in the amount of $1,724.40 and the Treasurer’s receipt for said payment.
The Master concludes that Wife rather than Husband expended her non-marital money to preserve marital assets.

Master’s report at 7-8 (citations to the record omitted).

¶ 5 Specifically, with regard to the marital property, the Master discussed the issues relating to the marital home, which was purchased on January 30, 1975, from Wife’s family for $28,000.00. The house is situated on 1.3 acres and is described as a V¡¿ story caretaker’s cottage with an addition. The main section of the house is in good condition, but the addition is in such a deplorable state that the parties and their experts concurred that the addition should be demolished. The Master set forth an extensive description of the property based on the parties’ testimony. She also discussed in detail the testimony provided by the parties’ experts, crediting Wife’s expert’s opinion that the property’s fair market value as of May 15, 2001, was $90,000.00. Husband’s expert opined that the fair market value was $200,000.00 as of June 8, 1999. Although the Master recognized that both experts were experienced appraisers, she based her credibility determination on the fact that Wife’s expert had extensive experience with sales of homes in the community where the house was located as opposed to Husband’s expert who had never before appraised a home in Luzerne County. The Master recommended that the real estate be awarded to Wife. She also denied Husband’s request for rental credit for the time Wife occupied the marital residence following separation “in light of the fact that [Wife] maintained the real estate, paid real estate taxes, homeowner’s insurance, lawn care and snow removal and that she used her non-marital money to pay marital debts.” Id. at 14.

¶ 6 The Master next discussed the increase in value of stock titled in the name of Wife, a portion of which is stock in W.H. Conyngham & Co., Inc. (Conyngham Company), a family-owned company. Based on *778 Wife’s father’s testimony, the Master found that the stock was gifted to Wife by her father and her grandmother and, thus, the base value of the stock was non-marital property.

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Bluebook (online)
835 A.2d 773, 2003 Pa. Super. 407, 2003 Pa. Super. LEXIS 3716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anzalone-v-anzalone-pasuperct-2003.