Granville, A., II v. Granville, H.

CourtSuperior Court of Pennsylvania
DecidedAugust 18, 2017
DocketGranville, A., II v. Granville, H. No. 10 MDA 2017
StatusUnpublished

This text of Granville, A., II v. Granville, H. (Granville, A., II v. Granville, H.) 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
Granville, A., II v. Granville, H., (Pa. Ct. App. 2017).

Opinion

J-A15005-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

ALBERT GRANVILLE, II IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

HOLLY K. GRANVILLE

Appellant No. 10 MDA 2017

Appeal from the Order Entered December 2, 2016 In the Court of Common Pleas of Lackawanna County Civil Division at No(s): 2013-FC-41196

BEFORE: MOULTON, J., SOLANO, J., and MUSMANNO, J.

MEMORANDUM BY MOULTON, J.: FILED AUGUST 18, 2017

Holly K. Granville (“Wife”) appeals from the December 2, 2016 order

entered in the Lackawanna County Court of Common Pleas overruling her

exceptions to the master’s recommendations and decreeing her divorced

from Albert Granville, II (“Husband”). We affirm.

The parties married in 1996 and separated in 2012. On August 27,

2013, Husband filed a complaint in divorce. On November 25, 2015, the

parties participated in a hearing in front of Master David J. Ratchford, Esq.

On January 29, 2016, the Master filed recommendations and findings in

divorce (“Master’s Recommendations”). On February 19, 2016, Wife filed

exceptions to the Master’s Recommendations, which the trial court overruled

in an opinion and order dated October 20, 2016. Wife timely filed a notice of

appeal. J-A15005-17

Wife raises the following issues on appeal:

A. Where the overall equitable distribution award failed to accomplish the stated intention of the divorce master in that it was overwhelmingly in favor of Husband, must the award be revised?

B. Where Husband failed to file his inventory, income statement, expense statement, and pre-trial statement, was the divorce master required to bar [Husband]’s testimony and evidence when fashioning the award?

C. Did the divorce master commit errors of law and fact in the allocution of assets and debts such that the equitable distribution award was inequitable to Wife?

D. Did the trial court’s failure to issue an order of distribution for Husband’s military retirement in accordance with US Army guidelines constitute an abuse of discretion?

E. Did the award of alimony fail to adhere to the facts, fail to provide Wife with sufficient time for rehabilitation, and include an improper penalty if Wife were to challenge the award?

F. Did the divorce master’s overall distribution and statements concerning the relative contributions and educational attainments of the parties show a bias against Wife?

Wife’s Br. at 4-5 (full capitalization and suggested answers omitted).

Wife’s first four issues challenge the equitable distribution award. “Our

scope of review in equitable distribution matters is limited. Awards of

alimony, counsel fees, and property distribution are within the sound

discretion of the trial court and will not be disturbed absent an error of law

or abuse of discretion.” Smith v. Smith, 749 A.2d 921, 924 (Pa.Super.

2000) (quoting Berrington v. Berrington, 598 A.2d 31, 34 (Pa.Super.

-2- J-A15005-17

1991)). The appellant must establish an abuse of discretion by clear and

convincing evidence. Morgante v. Morgante, 119 A.3d 382, 386

(Pa.Super. 2015).

“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.”1 Id. (quoting Biese v. Biese, 979 A.2d 892, 895

____________________________________________

1 The relevant factors in an equitable distribution determination are:

(1) The length of the marriage.

(2) Any prior marriage of either party.

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

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

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

(6) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

(7) The 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.

(8) The value of the property set apart to each party. (Footnote Continued Next Page)

-3- J-A15005-17

(Pa.Super. 2009)). “[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 and assess the behavior and demeanor of the parties.” Moran v.

Moran, 839 A.2d 1091, 1095 (Pa.Super. 2003).

We address Wife’s first and third issues together. Wife claims that the

equitable distribution award did not reflect the Master’s intention to award

her with more assets than Husband. She claims the Master disproportionally

allocated assets in Husband’s favor. Wife further contends that Husband

impermissibly benefitted from: $10,000 that Husband withdrew from an

Annuity Accumulation Fund Rider (“AAFR”); the Master’s finding that Wife

was responsible for the Jeep payments and boat storage fees; and the _______________________ (Footnote Continued)

(9) The standard of living of the parties established during the marriage.

(10) The economic circumstances of each party at the time the division of property is to become effective.

(10.1) The Federal, State and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain.

(10.2) The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain.

(11) Whether the party will be serving as the custodian of any dependent minor children.

23 Pa.C.S. § 3502(a).

-4- J-A15005-17

profits from the sale of a 2001 Yamaha Bear Tracker all-terrain vehicle

(“2001 Yamaha Bear Tracker ATV”).

The Master found that the marital estate consisted of the following

assets:

1. USAA ROTH IRA titled to [Husband], in the amount of $26,972.77[.]

2. [AAFR] titled to [Husband]. (The value of this item is in controversy however. The parties have stipulated that it is either [$1,413.00 o]r $11,123.00)[.]

3. USAA R[OTH] IRA titled to [Wife] in the amount of $3,716.14.

4. One 1976 Catalina 22 in the name of [Husband] having a value of $2,820.00[.]

5. One 2009 Jeep Wrangler in the name of [Husband], having a value of $14,725.00.

6. One 2006 Yamaha XT 225 in the name of [Husband] having a value of $1,370.

7. One 2006 Dodge Caravan in the name of [Husband] valued at $3,000.

8. 2001 Yamaha Bear Tracker [ATV] which was titled in the name of [Husband] and for which [he] received $500.00 upon transfer.

9. One liability in the name of [Husband] for storage fees due and owing at the time of separation in the amount of $2,155.00 [and the post separation payments on the outstanding loan payments on the Jeep Wrangler at time of separation totaling $4,000.]

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Related

Commonwealth v. Lord
719 A.2d 306 (Supreme Court of Pennsylvania, 1998)
Moran v. Moran
839 A.2d 1091 (Superior Court of Pennsylvania, 2003)
Biese v. Biese
979 A.2d 892 (Superior Court of Pennsylvania, 2009)
Berrington v. Berrington
598 A.2d 31 (Superior Court of Pennsylvania, 1991)
Twilla v. Twilla
664 A.2d 1020 (Superior Court of Pennsylvania, 1995)
Smith v. Smith
653 A.2d 1259 (Superior Court of Pennsylvania, 1995)
Smith v. Smith
749 A.2d 921 (Superior Court of Pennsylvania, 2000)
Middleton v. Brown Middleton
812 A.2d 1241 (Superior Court of Pennsylvania, 2002)
Morgante, S. v. Morgante, K.
119 A.3d 382 (Superior Court of Pennsylvania, 2015)

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Bluebook (online)
Granville, A., II v. Granville, H., Counsel Stack Legal Research, https://law.counselstack.com/opinion/granville-a-ii-v-granville-h-pasuperct-2017.