Felton v. Felton

2 Pa. D. & C.5th 510
CourtPennsylvania Court of Common Pleas, Centre County
DecidedJanuary 24, 2008
Docketno. 2004-3398
StatusPublished

This text of 2 Pa. D. & C.5th 510 (Felton v. Felton) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Centre County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felton v. Felton, 2 Pa. D. & C.5th 510 (Pa. Super. Ct. 2008).

Opinion

BROWN JR., P.J.,

Before the court are claims for equitable distribution of the parties’ marital assets, alimony, counsel fees, costs and expenses. Hearings addressing all claims were held on Septem[511]*511ber 19, 2006 and February 21, 2007. A transcript was prepared and both parties submitted proposed findings of fact, conclusions of law, and orders.

FINDINGS OF FACT

In accordance with section 3502 of the Divorce Code, the court must consider the factors set out below in determining equitable distribution of property. Upon consideration of evidence presented at hearings and the submissions of the parties, this court finds the following:

(1) Length of marriage.

Plaintiff Gary W. Felton (Husband) and defendant Colleen E. Felton (Wife) were married on March 22, 1980, in Orange County, California. The parties separated on or about October 10, 2003, when Husband left the marital residence. They were divorced by decree of this court on February 9, 2006.

(2) Any prior marriage of either party.

Husband had not been previously married at the time of his marriage to Wife. Wife was married in January of 1973 to Kirby Marshall, but was divorced from him in 1978. F ollowing the issuance of the divorce decree by this court on February 9,2006, Husband married Dawn Luthe on March 10, 2006. Defendant has not married again.

(3) Age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party.

(a) Age: Husband is 54 years of age, having been bom on September 6, 1953. Wife is 53 years of age, having been born on February 12, 1954.

[512]*512(b)Health: Husband has hypertension and arthritis in his spine. He sees a therapist for stress related to the divorce. He takes medications for hypertension. Wife has diabetes, asthma and arthritis and has been treated for depression during the parties’ divorce proceedings. She has also fractured her left foot and fingers on both hands in recent years. She takes medications for her various conditions.

(c) Station: The parties enjoyed a middle-class lifestyle during marriage.

(d) Amount and sources of income: Husband is employed by The Pennsylvania State University as a professor of Entomology. He earns $141,444 annually in base salary ($11,787 per month), together with occasional honorariums that total less than $ 1,000 per annum. Wife is not employed. She has no income.

(e) Vocational skills; employability: Husband earned a Bachelor of Science degree in biological science from the University of Califomia-Irvine in 1975, a Master’s degree in Entomology from the University of Kentucky in 1983, and a Ph.D. in Entomology from the University of Califomia-Davis in 1988. After holding positions as an assistant professor, associate professor, and full professor at the University of Arkansas from 1990 through 2000, Husband became the head of the Department of Entomology at The Pennsylvania State University on September 1,2000. This is an advancement in his career.

Wife is currently a full-time student in the College of Education, Department of Rehabilitation Services, at The Pennsylvania State University. She expects to graduate with a Bachelor of Arts degree in 2009 and hopes to continue her education and attain a Master’s degree in [513]*5132011. Wife has vocational experience as a United States Postal Service worker, substitute teacher (non-certified), retail clerk and parenting class teacher for pregnant teenagers and their children.

(f) Estate: Neither party expects any substantial inheritance or legacy.

(g) Liabilities and needs of each party:

(i) Husband resides in Bellefonte in a house which is owned by his current wife. Although Husband does not have a mortgage obligation, he contributes to the household by making utility payments. Husband has an automobile loan with a $411.91 monthly payment. Husband makes a monthly payment of $152.28 to Commercial Acceptance Company for an overdrawn account the parties opened at Omega Bank after separation. Husband has a monthly student loan payment of $130. Husband makes monthly COBRA payments of $319.20 for Wife’s health insurance. Husband also makes two monthly payments to TIAA-CREF for loans he has taken against his retirement account. The first payment is $286.34 and the second payment is $139.37.

(ii) Wife has a monthly mortgage payment in the amount of $1,364.52 for a residence she acquired after final separation. Her automobile was gifted to her by her aunt. She took a loan, as the result of a gift tax, which costs her $ 122 per month. Wife’s student loans are in deferment and do not require payment at the present time. Wife’s disposable monthly income cannot be determined.

(4) Contribution by one party to education, training or increased earning power of other party.

(a) Husband completed two graduate degrees during the marriage; however, Husband received graduate as[514]*514sistantships for both degrees and had only two student loans during this time in the total amount of $10,000. Husband also received income from his parents to support the parties while he earned his graduate degrees.

(b) When Husband was fired from his job with the United States Postal Service in 1981, Wife encouraged him to return to school. Wife sold the town home she had owned prior to the marriage and used the profits to pay bills during Husband’s post-college studies. Wife initially received approximately $40,000 and subsequent payments from owner-financing of $239 per month for five years.

(c) Wife also contributed $6,000 in retirement benefits from the USPS to pay bills while she was earning additional money from babysitting and employment with J. C. Penney Company. During the parties’ marriage, Husband encouraged Wife to return to school to further her education.

(5) Opportunity of each party for future acquisitions of capital assets and income.

(a) Husband’s salary is $141,444 per year. There was no testimony as to Husband’s expectation for future increases in his income.

Husband married again in March 2006. Although Husband’s new wife is also a professor at The Pennsylvania State University, there is no evidence that her income is not available to Husband other than in the form of providing him with a residence.

(b) Wife’s earning power should increase when she completes her schooling and begins employment.

[515]*515(6) Sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

Husband receives income from his employment with The Pennsylvania State University. Wife has no current income other than her spousal support from Husband and proceeds from student loans.

(7) Contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker.

(a) Shortly after the parties married, Wife used the proceeds from the sale of her town home in California to pay for living expenses incurred by the parties and their minor children. These funds were not used to pay for Husband’s education.

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Bluebook (online)
2 Pa. D. & C.5th 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felton-v-felton-pactcomplcentre-2008.