Martinez v. Martinez

36 Pa. D. & C.5th 483
CourtPennsylvania Court of Common Pleas, Berks County
DecidedJanuary 22, 2014
DocketNo. 06-11171 #1
StatusPublished

This text of 36 Pa. D. & C.5th 483 (Martinez v. Martinez) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. Martinez, 36 Pa. D. & C.5th 483 (Pa. Super. Ct. 2014).

Opinion

BUCCI, J.,

Factual and Procedural Background

The parties to the above-captioned divorce, plaintiff Amaryllis Martinez (hereinafter, “wife”) and defendant Ivan R. Martinez (hereinafter, “husband”) were married on November 26,1988. Wife vacated the marital residence on September 17, 2006 and filed a complaint in divorce on September 22, 2006, which complaint included claims for equitable distribution, alimony pendante lite (“APL”), counsel fees and expenses. Husband never filed an answer or counterclaim, and did not seek child support. Wife did not pursue her claims for alimony or APL. Wife filed for [486]*486bankruptcy after the date of separation.

The parties appeared for a hearing before Divorce Master Patricia Frankel on May 11,2011. At the time of this master’s hearing, the parties had been separated for more than four years. Husband’s earnings were approximately $61,000 per year and he was receiving $4,478 per month in distributions from his pension stemming from his previous position as a City of Reading police officer. The master found that wife’s earnings at that time were approximately $70,000.00 per year1.

Husband’s pension was not in pay status at the time the parties separated, but had entered into pay status by the time of the 2011 master’s hearing. At the master’s hearing, husband’s pension was valued as of October 27, 2009 by Pension Appraisers, Inc. at $2,033 per month, or $574,771.66 ($474,787.63 after application of the Social Security offset) {See Exhibit D-7).

Wife has a federal pension (referred to herein as her “FERS” plan), valued at the time of the 2011 master’s hearing at $74,853.00, as well as a federal Thrift Saving Plan (“TSP”), then valued at $71,350,002

Master Frankel relied on the values provided by the parties’ experts in reaching her ultimate recommendation. She omitted wife’s TSP and also did not include the value of the pension payments husband had already received by the time of the hearing, which would have commenced upon his retirement on January 19, 2010. It is unclear if [487]*487these numbers were meant to offset each other or if Master Frankel did not consider them to be marital property subj ect to distribution, but, regardless, they were not included. Master Frankel recommended that husband retain the parties’ marital residence located at 338 West Walnut Tree Drive, Blandón, Berks County, Pénnsylvania (hereinafter, the “marital residence”) with a net value of $46,700, the parties’ rental property located at 134 North 10th Street, Reading, Berks County, Pennsylvania (hereinafter, the “rental property”) with a net value of $22,500, two vehicles valued together at approximately $12,800 and certain other items of property for a total of $89,043. She further recommended that husband pay to wife $1,017 per month, which is 50% of the appraised $2,033 monthly value of husband’s pension. Master Frankel recommended that wife retain her entire FERS pension valued at $74,853, as well as a small bank account and the proceeds from a life insurance policy. Wife was also to receive a one-time payment of $5,000 from husband. In sum, wife would have received or retained $81,518 in property at the time of the distribution $1,017 per month until wife begins to receive social security benefits.

Both parties filed exceptions to the above recommendation. Wife challenged the recommendation and asserted that the master erred by: (1) failing to include the value of husband’s monthly pension payments received to date, (2) miscalculating the marital portion of husband’s pension in pursuant to 23 Pa.C.S.A. §3501(c)3, [488]*488(3) failing to award counsel fees, (4) awarding husband a greater portion of the marital assets, (5) not giving wife credit for the debts she discharged in bankruptcy, (6) overstating wife’s earnings, (7) refusing to hold open the record for additional evidence regarding the present value of husband’s pension, (8) failing to consider the benefit to husband of the rental property, such as rental income or tax benefits, (9) considering husband’s contributions to the parties’ children’s higher education expenses, and (10) failing to consider that husband’s receipt of non-marital retirement benefits substantially increased husband’s income beyond wife’s income. Wife then also filed a supplemental exception: that the master erred in recommending that wife’s receipt of her share of husband’s pension would terminate one year after wife begins to receive her social security benefits.

Husband also filed exceptions to the master’s recommendation, in which he alleged that the master erred by (1) determining that wife should receive a share of husband’s pension until after she begins receiving Social Security benefits rather than placing a specific termination date on her receipt of such benefits, (2) failing to utilize the real estate appraisal dates closest to the date of distribution (3) including the Ford truck as a marital asset where it was obtained after the date of separation, (4) failing to deduct the cost of sale of the real estate in contravention of 23 Pa.C.S.A. §3502(10.2), and (5) including $3,000 in the Pagoda Credit Union joint account as a marital asset where the monies were deposited by husband post-separation, [489]*489and were post-separation earnings.

Both parties filed exceptions to the master’s omission of the wife’s TSP pension account.

We considered the above issues, and, following a hearing on the parties’ exceptions, we entered findings and a final decree. In our decree, issued February 22,2012, we granted both parties’ exceptions regarding wife’s TSP. The remainder of wife’s exceptions were denied, withdrawn or deemed irrelevant at argument. We denied all of husband’s exceptions except as follows: we agreed that wife’s receipt of her share of husband’s pensions should terminate on a date certain, that the master should have used the most recent appraisals for the real estate, and that the value of the real estate should have been reduced by the cost of sale. Because we added over $70,000 to the value of the marital estate in the form of wife’s TSP, our final distribution left each party with $102,195. Since wife was retaining both her TSP and her FERS pension with a combined value of $146,203, wife was required to pay husband a lump sum of $45,672.50 to equalize the distributions. Wife would have continued to receive a monthly distribution of $1,017 out of husband’s pension under our 2012 decree. We acknowledge that we did not address any payments husband had received from the date of his retirement on January 19, 2010.

In our 2012 decree, we followed Master Frankel’s recommendation and utilized the “date of separation” value of husband’s pension ($2,033) and divided that number equally between the parties. We did not account for any Social Security offset and we also allowed wife to [490]*490retain both of her pensions.

Both parties requested reconsideration of the decree and, following a hearing before this court, we remanded the matter back to the master4 for additional fact-finding proceedings. We felt constrained to seek additional facts under the particular circumstances of this case. The primary issue was how to equitably divide the parties’ pensions where husband’s pension distributions include post-separation enhancements and is in pay status, whereas wife’s pension will not be in pay status for a significant period of time.

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Bluebook (online)
36 Pa. D. & C.5th 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-martinez-pactcomplberks-2014.