Dolinar v. Kapton

80 Pa. D. & C.4th 156
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedMarch 10, 2006
Docketno. FD 99-4549-003
StatusPublished

This text of 80 Pa. D. & C.4th 156 (Dolinar v. Kapton) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dolinar v. Kapton, 80 Pa. D. & C.4th 156 (Pa. Super. Ct. 2006).

Opinion

WECHT, J.,

Defendant Harry Kapton (Husband) appeals from this court’s equitable distribution order dated September 13,2005. In addition to distributing the marital assets between the parties, the order directed Husband to pay $50,000 in counsel fees and found Husband in civil contempt for his failure to pay $3,700 in counsel fees that already had been awarded.

BACKGROUND

The parties married on November 29,1980. They separated on August 1, 1999. A decree in divorce issued on December 19,2002. Two children were bom of the marriage: Matthew, age 22 at the time of trial, and Amanda, age 19 at the time of trial.

At the time of trial, Wife was 50 years of age and in good health. Wife’s highest level of education was a high school diploma. (R. at 7-8.) Wife was employed at the beginning of the marriage until 1982, when she became pregnant with Matthew. (R. at 8.) Wife then spent the next 14 years, until 1996, as a full-time mother and homemaker. (R. at 8.) In addition, Wife assisted Husband by acting as an accountant and bookkeeper for rental units owned by the parties. (R. at 8-10.) Wife also participated in running the parties’ business, Crown Limousine Service, during the 1990s. (R. at 9.)

In 1996, Wife began working outside the home for Davis Baker, an accounting firm. (R. at 10.) In 1997, Wife commenced employment as a bookkeeper with Greyfox Systems. (R. at 10.) At Greyfox, Wife worked [158]*158her way up to a level where she was responsible for maintaining the general ledger, accounts payable, accounts receivable and payroll. (R. at 10.) Wife had been unemployed since July 8,2005, when her employer, Greyfox, relocated its operations to Harrisburg. (R. at 8,66.) Wife was not offered a job with the new company. (R. at 8, 66.) Wife had been searching for new employment for six or seven months without success. (R. at 11.) Wife cited her lack of a college degree and age as “roadblocks” in attaining employment. (R. at 11.)

Husband was 61 years old at the time of trial. Husband did not offer any evidence as to the status of his health at trial, other than to state that, “I’m old, I’m fat, I’m bald, I’m drawn.” (R. at 158.) On cross-examination, Husband verified that he had admitted at deposition that he had attended Carnegie Tech and was only six credits short of a degree. (R. at 156-57.) Husband admitted that he had been “pretty lucky” in the real estate business. (R. at 157.) During the marriage, the parties maintained several rental properties, both commercial and residential. (R. at 9.) Husband also admitted that the parties’ limousine business, Crown Limousine Service, had been successful. (R. at 157.) Husband had a pilot’s license and was licensed to fly a number of different aircraft. (R. at 157.) Husband owned an airplane at one point during the parties’ marriage. (R. at 158.)

PROCEDURAL HISTORY

This action has had a long and torturous history since its commencement in 1999. The undersigned received this case after the Honorable Guido A. DeAngelis entered an order on April 4, 2003 providing that the case [159]*159would be assigned to this member of the court following Judge DeAngelis’ transfer to the Criminal Division.

Following the filing of a praecipe by Wife, this court first conciliated the economic issues in this case on October 26,2004. Husband appeared alone for that conciliation and stated that Angelo Papa, Esquire was his attorney.1 Wife and her counsel appeared and provided a marital asset and liability summary based upon information that they had been able to obtain from Husband. By order dated October 27,2004, this court scheduled a one-day equitable distribution trial for April 18, 2005. Following presentation of a “Motion for continuance” by Wife on March 1, 2005, the trial date was re-scheduled for September 12,2005 because of Wife’s counsel’s unavailability on April 18.

Husband appeared pro se at trial on September 12,2005. Husband did not submit a pretrial statement in accordance with this court’s October 27, 2004 pretrial order. At the close of trial, this court invited both parties to submit proposed forms of order to this court by 12 p.m. on September 13. Both parties submitted proposed orders on the morning of September 13. Following consideration of the proposed orders, as well as the particular facts of this case and the applicable law, this court issued its equitable distribution order on September 13,2005.

On October 6,2005, Husband filed a notice of appeal. Husband attached a certificate of service dated September 26,2005, stating that he had served the undersigned by mail. However, this court did not receive Husband’s [160]*160notice of appeal. Rather, this court, on its own initiative, discovered the notice of appeal on October 12, 2005 by looking at the prothonotary’s docket. Despite Husband’s failure to properly serve this court, this court issued an order on October 12 directing Husband to provide a concise statement of matters complained of on appeal in accordance with Pa.R.A.P. 1925(b). On October 13,2005, this court received a copy of Husband’s notice of appeal in the mail with a postmark of October 12, 2005 on the envelope. On October 27, 2005, Husband filed his concise statement.

The disposition of Husband’s appeal has been significantly delayed by Husband’s failure to comply with procedural rules in a timely manner. In particular, Husband failed to file his docketing statement and to order the trial transcript. By order dated November 14, 2005, the Superior Court directed Husband to file his docketing statement by November 24, 2005. Husband complied.

By letter dated November 15,2005, this court informed the Superior Court Prothonotary that Husband had not ordered the trial transcript, and that this court was accordingly unable to file an opinion. By order dated January 19, 2006, the Superior Court directed Husband to show cause, in the form of a letter, as to why his appeal should not be dismissed for his failure to order and pay for the trial transcript. Husband ultimately paid for the trial transcript, which was filed on March 1, 2006.

THE INSTANT APPEAL

In his concise statement, filed on October 27, 2005, Husband states the following as his issues for review:

[161]*161(1) The trial court erred in finding the net value of the 307 Main Street property to be $25,000, since the court failed to consider the liens, charges and expenses incurred in connection with the property, including but not limited to the existing mortgage, unpaid realty taxes, and costs for repair and maintenance. The true equity subject to distribution was less than $1,000.

(2) The trial court erred in finding the net value of the 423 Cubbage Street property to be $57,000, since the court failed to consider the liens, charges and expenses incurred in connection with the property, including but not limited to the existing mortgage, unpaid realty taxes, and costs for repair and maintenance. The true equity subject to distribution was $4,500.

(3) The trial court erred in valuing the vehicles at $50,000 and in basing its finding solely on Wife’s speculative, unsubstantiated and unreliable testimony, since the court failed to consider the age and poor condition of the vehicles. The true equity subject to distribution was less than $3,500.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jacobs v. Jacobs
884 A.2d 301 (Superior Court of Pennsylvania, 2005)
Nuttall v. Nuttall
562 A.2d 841 (Supreme Court of Pennsylvania, 1989)
Platek v. Platek
454 A.2d 1059 (Superior Court of Pennsylvania, 1982)
Harasym v. Harasym
614 A.2d 742 (Superior Court of Pennsylvania, 1992)
McCoy v. McCoy
888 A.2d 906 (Superior Court of Pennsylvania, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
80 Pa. D. & C.4th 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dolinar-v-kapton-pactcomplallegh-2006.