Chadwick v. Chadwick

68 Pa. D. & C.4th 369, 2004 Pa. Dist. & Cnty. Dec. LEXIS 210
CourtPennsylvania Court of Common Pleas, Delaware County
DecidedOctober 27, 2004
Docketno. 92-19535
StatusPublished

This text of 68 Pa. D. & C.4th 369 (Chadwick v. Chadwick) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Delaware County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chadwick v. Chadwick, 68 Pa. D. & C.4th 369, 2004 Pa. Dist. & Cnty. Dec. LEXIS 210 (Pa. Super. Ct. 2004).

Opinion

KENNEY SR., J.,

— Pending before the court are claims for equitable distribution of marital property, counsel fees and costs, and a de novo appeal from a master’s findings with respect to plaintiff’s request for alimony pendente lite.

I. FINDINGS OF FACT

(1) The parties were married on March 31,1977, and separated in or about September of 1992.

(2) The complaint in divorce was filed on November 23, 1992.

(3) A bifurcation order was subsequently entered, and a final decree in divorce was entered on November 15, 2001.

(4) The plaintiff had not previously been married. A prior marriage of the defendant ended in divorce in 1977.

(5) There were no children born of the marriage.

(6) The plaintiff was born on October 30,1954, and is 49 years of age. She has an undergraduate degree from Dickinson College.

(7) The defendant was born on June 21, 1936, and is 68 years of age. He has an undergraduate degree from the University of Pennsylvania, and a law degree from the Law School of the University of Pennsylvania.

(8) The plaintiff enjoys good health.

(9) The defendant has been diagnosed with a recurrence of malignant lymphoma, although he appeared to be in good health at the time of trial. Dr. John Durocher [372]*372testified that his illness will likely grow more serious, and that his life expectancy is uncertain.

Employment

(10) The plaintiff is currently self-employed as an artist. She developed her skills during the marriage, and the defendant was supportive of her work. Marital funds were contributed to her training, but were not extraordinary in amount, and were made pursuant to an understanding of the parties with respect to the roles and contributions of each in and to the marriage.

(11) Prior to separation, plaintiff had begun to show her work in at least one important Philadelphia gallery, and she now has an affiliation with a gallery near her home in Maine.

(12) Her recent income has varied, but has averaged in the range of $40,000 to $50,000 per year since separation. Her earnings have enabled her to purchase a home in Maine at a foreclosure sale. She is only able to afford to carry catastrophic health care insurance, however.

(13) Since separation, plaintiff has been able to accumulate only a modest separate estate.

(14) The defendant was employed by I. U. International for eight years prior to the marriage and for 11 years during the marriage, ending in 1988.

(15) He, initially, was assistant general counsel to I. U. International, and, eventually, was its general counsel for a number of years. During that period of time his income was between $100,000 per year and $200,000 per year.

[373]*373(16) Subsequent to his position at I. U. International, he was a practicing attorney and had other employment and earned approximately $100,000 per year.

(17) For a short time prior to the parties’ separation he chose to be employed at a salary which was significantly less than his prior earnings or his earning capacity.

Date of Marriage

(18) On or about the date of the marriage, the plaintiff was a recent college graduate and owed approximately $5,000 in consideration of student loans. The loan balances were paid in full during the marriage from marital funds.

(19) The court considers this to be a nominal amount given the assets and earnings of the parties during coverture.

(20) The defendant possessed investment accounts and cash on the date of the marriage which he contends were valued at $225,000 and $17,000 respectively, along with an IRA whose date of marriage value was unclear. He maintained these assets in his name alone but contributed marital funds to them during the marriage. These assets also appreciated during the marriage.

(21) The defendant also brought substantial and valuable items of personalty to the marriage which he regards to be his separate property.

(22) Prior to the marriage, the defendant owned a home in Bala Cynwyd, Pennsylvania, which he sold, and the proceeds of which were utilized in the purchase of the first marital home in September of 1977. That home, and a subsequent marital home located at 280 South Roberts [374]*374Road, Bryn Mawr, Pennsylvania, purchased in July of 1991, were owned as tenants by the entireties.

(23)Prior to the marriage, the defendant also owned a summer cottage in Frankfort, Michigan. This property was never jointly-titled. The defendant argues that this property has no value, and cannot be conveyed, because he has granted his first wife the right to use it for three weeks each summer. His first wife testified, however, that there are no documents memorializing the grant, and that she has not used the property since 1978 or 1979. No proofs as to any appreciation during coverture were made at trial.

Period of Coverture

(24) During the marriage, the parties enjoyed a very comfortable style of life, regularly entertaining and being entertained, living in an expensive and well-furnished home in a nice neighborhood, enjoying the summer cottage, and traveling to France, Italy, Greece, Hawaii, and the Southwest, among other destinations.

(25) The parties accumulated a limited amount of personal property during the marriage, including vehicles and motorcycles.

(26) Defendant also had very substantial income during this time, including a generous severance from I. U. International.

Date of Separation

(27)Plaintiff separated from defendant in or about September of 1992, and took a limited number of items of personalty with her when she left, including some of [375]*375her paintings and drawings. She eventually received two marital vehicles.

(28) The largest part of the personalty contained in the marital home, including essentially all of the furnishings brought to the marriage by the defendant, was left in the possession of the defendant.

(29) The parties made only vague and limited proofs as to the remaining marital personalty and the court, therefore, is unable to make more specific findings as to it.

(30) The court finds, however, that the major items of personalty brought to the marriage by the defendant, and which remained in his possession after separation, remained his separate property.

(31) Defendant also retained four motorcycles after separation.

(32) The plaintiff had an investment account with U.S.A.A. on the date of separation, with a balance approximating $2,500, and an IRA with a value approximating $23,000. Neither party offered more recent values at trial.

(33) The defendant had investment accounts in his name alone valued at $1,593,925 on the date of separation, of which he acknowledges $1,037,925 to be marital. He therefore acknowledges 65.11 percent to be marital. These were the successors to the accounts maintained on the date of the marriage.

(34) The IRA possessed by the defendant on the date of the marriage was valued at $846,939 on the date of separation, and he acknowledges $645,585 to be marital. He therefore acknowledges 76.22 percent to be marital.

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Bluebook (online)
68 Pa. D. & C.4th 369, 2004 Pa. Dist. & Cnty. Dec. LEXIS 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chadwick-v-chadwick-pactcompldelawa-2004.