Brubaker v. Brubaker

201 A.3d 180
CourtSuperior Court of Pennsylvania
DecidedDecember 18, 2018
DocketNo. 1798 MDA 2017
StatusPublished
Cited by37 cases

This text of 201 A.3d 180 (Brubaker v. Brubaker) 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
Brubaker v. Brubaker, 201 A.3d 180 (Pa. Ct. App. 2018).

Opinion

OPINION BY STABILE, J.:

Appellant, James E. Brubaker ("Husband"), appeals from the amended divorce decree entered October 23, 2017. We affirm.

Husband and Appellee, Susan M. Brubaker ("Wife") were married in May of 1997 and separated in May of 2014. The parties share physical and legal custody of their four children, aged six to twelve years old as of time of the the master's hearings. Husband filed a complaint in divorce on August 26, 2014. On September 10, 2014, Wife filed an answer and counterclaim seeking, alimony, alimony pendente lite ("APL"), counsel fees, and expenses. The parties eventually stipulated to proceed under the no fault provisions of 23 Pa.C.S.A. § 3301(c).

The appointed master conducted hearings on September 30 to October 1, 2015, January 7 to January 8, 2016. The master *184filed her report and recommendation on September 22, 2016. Husband filed 17 exceptions on October 11, 2016. The trial court entered the decree on appeal on October 23, 2017, supported by an opinion dated October 27, 2017. The trial court denied reconsideration by order of November 13, 2017, and this timely appeal followed.

Husband raises the following issues on appeal:

A. Did the trial court err in adopting the divorce master's recommendation that Husband's combined business interests, referred to as the VERDE project, have a marital value of $515,152.00 in direct opposition to the experts for both parties who testified the liabilities of the company exceeded its value?
B. Alternatively, if Husband's combined business interests, referred to as the VERDE project, are assigned a positive value, in direct opposition to experts for both parties who testified the liabilities of the company exceeded its value, did the trial court err in failing to consider the factors set forth at 23 Pa.C.S.A. § 3502(a)(10.1) and 23 Pa.C.S.A. § 3502(a)(10.2) as they pertain to the VERDE project?
C. Did the trial court err in ordering an equitable distribution payment structure to Wife that exceeds Husband's ability to pay?
D. Did the trial court err in adopting the divorce master's recommendation that Wife receive alimony in the sum of $1,500.00 per month for a term of ten years when alimony is a secondary remedy and the factors set forth at 23 Pa.C.S.A. § 3701(b) do not weigh in favor of such an award?
E. Did the trial court err in adopting the divorce master's recommendation that Husband pay Wife $20,000.00 for attorney's fees.

Husband's Brief at 4.

We review a challenge to the trial court's equitable distribution scheme as follows:

A trial court has broad discretion when fashioning an award of equitable distribution. Our standard of review when assessing the propriety of an order effectuating the equitable distribution of marital property is whether the trial court abused its discretion by a misapplication of the law or failure to follow proper legal procedure. We do not lightly find an abuse of discretion, which requires a showing of clear and convincing evidence. This Court will not find an abuse of discretion unless the law has been overridden or misapplied or the judgment exercised was manifestly unreasonable, or the result of partiality, prejudice, bias, or ill will, as shown by the evidence in the certified record. In determining the propriety of an equitable distribution award, courts must consider the distribution scheme as a whole. We measure the circumstances of the case against the objective of effectuating economic justice between the parties and achieving a just determination of their property rights.
Moreover, it is within the province of the trial court to weigh the evidence and decide credibility and this Court will not reverse those determinations so long as they are supported by the evidence. We are also aware that a master's report and recommendation, although only advisory, is to be given the fullest consideration, particularly on the question of credibility of witnesses, because the master has the opportunity to observe *185and assess the behavior and demeanor of the parties.

Carney v. Carney , 167 A.3d 127, 131 (Pa. Super. 2017).

Husband first challenges the trial court's valuation of the VERDE project. Because both parties' experts testified that the VERDE project's debts exceeded its value, Husband claims the trial court erred in ascribing a value of $515,152.00. The Divorce Code does not specify an asset valuation method, and therefore the trial court must rely on its own discretion. Verholek v. Verholek , 741 A.2d 792, 796 (Pa. Super. 1999), appeal denied , 563 Pa. 665, 759 A.2d 388 (2000). The trial court may accept all, part, or none of the evidence regarding valuation of marital property, and it may rely on its own valuation method. Id. In determining a valuation date, the trial court must choose a date "which best works economic justice between the parties." Smith v. Smith , 904 A.2d 15, 18 (Pa. Super. 2006). "Since a business' value may be subject to great fluctuation, the date selected is generally close to the date of distribution, rather than the date of separation." Id. at 18-19.

In 2011, Husband was earning approximately $200,000.00 per year as a project manager for Charter Homes, but he lost that job because of a downturn in the real estate market. Prior to his departure from Charter Homes, Husband obtained an option to purchase some farm property formerly known as the Verdelli property. Husband, along with two partners, eventually made the purchase, and the land is currently under development as the VERDE project. Husband's partners provided nearly all of the initial capital, and Husband is the day-to-day manager of the property development. Upon completion, the former farm property will hold a six-building apartment complex worth approximately $19.35 million, with an estimated borrow total of $15.9 million, in which Husband will have a one-third interest. Husband's net monthly income as project manager is $8,145.02.

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Bluebook (online)
201 A.3d 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brubaker-v-brubaker-pasuperct-2018.