Clapper v. Clapper

25 Pa. D. & C.3d 467, 1982 Pa. Dist. & Cnty. Dec. LEXIS 241
CourtPennsylvania Court of Common Pleas, Somerset County
DecidedOctober 20, 1982
Docketno. 92 Divorce 1981
StatusPublished

This text of 25 Pa. D. & C.3d 467 (Clapper v. Clapper) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Somerset County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clapper v. Clapper, 25 Pa. D. & C.3d 467, 1982 Pa. Dist. & Cnty. Dec. LEXIS 241 (Pa. Super. Ct. 1982).

Opinion

COFFROTH, J.,

This divorce case is before us on Count III of plaintiff wife’s complaint in divorce seeking an equitable distribution of marital property under §401(d) of the Divorce Code, Count IV of the complaint seeking alimony under Code § 501(a), and Count V of the complaint seeking counsel fees. A final decree in divorce has been made under §201(d)(1) on the ground of an irretrievably broken marriage after undenied separation for at least three years; the counts of the complaint now before the court were reserved for later adjudication. No answer was filed to the complaint and defendant makes no challenge to the propriety of the present proceeding.

[469]*469A. Issues:

1. General claims:

a. Plaintiff claims an equal share of marital property, an award of alimony of $500 monthly for life, and an order for payment by defendant of plaintiffs counsel fees of $5,000.

b. Defendant claims 60 percent of the marital property (or 50 percent thereof on certain conditions), argues for no alimony (or at most $300 monthly for 24 months, on conditions) and for no award of counsel fees to either party.

2. Marital v. nonmarital property:

a. Plaintiff lists as marital property: (i) proceeds from sale of airplane hangar ($6,009) and from sale of airport stock ($4,636.31). Defendant contends those items were sold November 16, 1978, prior to commencement of divorce proceedings in 1981 and fall within the exception of Code §401(e)(5) as property disposed of.

b. Plaintiff claims the increase in value of gifts to defendant by inheritance from his parents calculated as interest at 6 percent per annum from the date of defendant’s receipt thereof from the estate, under Code §401(e)(3). Defendant argues that the property was inherited after separation under §401(e)(4) and that the increase in value contemplated by Code § 401(e)(3) refers to market value of property, not interest on money.

c. Plaintiff contends that the cash value of life insurance policies is marital property, whereas defendant contends the contrary and that the court’s power over such policies is limited to that granted in §401(i).

d. Plaintiff claims as marital property a jointly owned unimproved parcel of land (7.8 acres). Defendant contends it is not marital property (except for increase in value during marriage) under [470]*470§401(e)(3) because it was given to him by his parents in 1971, and later in 1973 conveyed by him to the parties jointly because of the financial condition of their business.

B. Relevant Factors:

The prime relevant factors in determining an equitable division of marital property are set forth in Code §401(d) which provides as follows:

“(d) In a proceeding for divorce or annulment, the court shall, upon request of either party, equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportions as the court deems just after considering all relevant factors including: . . . [then follow the ten factors numbered (1) through (10) hereinafter quoted in similarly numbered subparagraphs of this Part of the Opinion].”

(1) “The length of the marriage.”

The parties were married for over 35 years (1946-1982). They were married on October 6, 1946, finally separated on December 22, 1977, and divorced June 25, 1982.

(2) “Any prior marriage of either party.” None.

(3) “The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.”

a. Age: Plaintiff is 58 years old, bom September 29, 1924. Defendant is 56 years old, bom May 12, 1926.

b. Health: Plaintiffs health is good, except for high blood pressure well controlled by medication. Defendant’s health is satisfactory, except that he had a heart attack on August 1, 1981, for which he was hospitalized for 14 days (6 or 7 days in critical care), was disabled from working until mid-[471]*471October, 1981, later returned to work on a limited basis, is now working full time, and is under regular medical care and heart medication.

c. Station (education, employment and marital history): Plaintiff is a high school graduate and attended business school in secretarial courses for two years; defendant is a high school graduate and attended college for one year. The parties met in 1945, while both served in the armed forces, were married in 1946, and established their marital home in Meyersdale, this county, where defendant lived and his family had a lumber business.

Defendant worked in the family business until 1956; during those years plaintiff worked as a part-time grocery clerk, and was a homemaker. The parties are parents of a daughter bom in 1948, and a daughter adopted in 1955 at the age of 2 years.

In 1956, the parties established their own business (Clapper Manufacturing Company) in Meyersdale, of which defendant was the manager and in which plaintiff also was an officer and clerical employee; the business began with 4 or 5 employees and grew to 150 employees. By 1972, the business had outgrown the parties’ ability to capitalize it, went into receivership and failed less than a year later. Thereafter, the parties suffered emotionally, the marriage began to deteriorate and the parties moved to or near Baltimore, Maryland, working for a church group to which they had volunteered a year’s service. That association placed defendant into a job at Johns Hopkins University.

At the end of the church service year, plaintiff at defendant’s insistence returned to the parties’ home in Meyersdale, defendant remaining in Maryland where he still works and resides. The parties saw each other on weekends for a while, [472]*472which tapered off into final separation on December 22, 1977. During this period, defendant paid the expenses of the home; in addition he paid to plaintiff $60 a week for her maintenance until she became gainfully employed. Plaintiff then worked for an accountant, a car agency, and the County of Somerset, successively, earning $7,000 - $8,000 annually. In the fall of 1981, she left the Meyersdale home and moved to Meadville, Pa., where a daughter resides; she is now employed as office manager in Meadville for a nursing home and does tax returns and sewing for extra income.

The two children of the parties are matured and self-supporting. The parties both worked hard in the family business while it operated, and they lived comfortably during those years. They were well known and of good standing in their community.

d. Amount and sources of income: Plaintiff presently earns approximately $10,000 annually ($571.96 take-home each two weeks) from her regular employment and approximately $200 per month from her other work. Defendant’s present salary is $32,259 annually ($1,518 monthly take-home); $245 is deducted from each pay for a tax exempt annuity beginning April, 1982. Plaintiffs employment is regular and secure. Defendant’s employment is regular but depends upon federal funding whose continuance is problematical today; he is not a tenured employee.

e. Vocational skills: See above paragraphs.

f. Employability: See above paragraphs.

g.

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Bluebook (online)
25 Pa. D. & C.3d 467, 1982 Pa. Dist. & Cnty. Dec. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clapper-v-clapper-pactcomplsomers-1982.