Morgan v. Morgan

27 Pa. D. & C.3d 554, 1982 Pa. Dist. & Cnty. Dec. LEXIS 164
CourtPennsylvania Court of Common Pleas, Beaver County
DecidedJuly 22, 1982
Docketno. 32 of 1982
StatusPublished

This text of 27 Pa. D. & C.3d 554 (Morgan v. Morgan) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Beaver County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morgan v. Morgan, 27 Pa. D. & C.3d 554, 1982 Pa. Dist. & Cnty. Dec. LEXIS 164 (Pa. Super. Ct. 1982).

Opinion

KUNSELMAN, J„

— In this divorce action, the court is asked to determine the issues of equitable distribution, alimony and counsel fees, in addition to passing upon the parties’ right to a divorce under Section 201(c) of the Divorce Code. From the hostilities exhibited by both parties toward each other during various proceedings before the court, it is obvious that the marriage is irretrievably broken. Unfortunately, the cause of the breakdown —plaintiffs inability to manage the parties’ income — could have easily been avoided had the parties conducted themselves as responsible adults. Their failure to do so has caused whatever love they might have had for each other to be replaced by hatred and estrangement. The result is their'inability to communicate responsibly with each other, let alone amicably resolve the issues.

The parties were married on July 8, 1972. Three children were born of their union, ages 10, 7, and 5. [555]*555The marriage occurred shortly after the plaintiff graduated from high school. She was 18 years of age at the time. In the years that followed, she did not work but performed the duties of a wife,' mother and homemaker. Defendant was employed as. a journeyman electrician and worked out of Local 712 of the International Brotherhood of Electrical Workers. His net income for 1980, the year prior to the separation was $64,470.20. As hereinabove mentioned, it was the. disposition of this large , amount of money which caused the marital breakdown and which resulted in an attitude on the part of both parties which caused them to do anything and everything they could to make life miserable for the other.

The parties handled this income in a manner' which was not unusual for married couples ■— defendant cashed his check each week, retained enough money for his own use, $100 to $150 each week, then gave the rest of the money to plaintiff to operate the family budget. In this case, however, the result was unusual since, not only were some of the bills not paid, but the excess was dissipated. The court can understand defendant’s having been upset but cannot understand, nor does it condone his reaction thereto.

He knew that plaintiff had difficulty managing money since she had experienced problems in prior years. However, instead of assuming control df the income and responsibility for disbursing the same, he consciously and deliberately took what he could of the marital assets, hid others and then left the marital home in October 1981. Since that time, he has quit his job and has done everything possible to avoid his obligations to his family.

Before the separation, the parties lived on a farm in Greene Township. In preparation for the separa[556]*556tion, defendant withdrew $16,420.72 from a deferred savings plan, sold some farm equipment and farm animals — retaining the proceeds thereof, gave most of the farm equipment and some animals to relatives and.took up with another woman. He used most of the money from the deferred savings to buy a parcel of land in Columbiana County, Ohio and a mobile home. Some of the money was used to pay bills. He states his residence to be the address of the Ohio property, but he actually lives with his girlfriend in Beaver Falls.

Plaintiff initiated a complaint against defendant for support for herself and the three children. A hearing was held before Judge Walko of this court who entered an order of $900 per month for support. Immediately thereafter, defendant took a truck, which was plaintiffs sole means of transportation for herself and the children, arid sold it, for the amount due the encumbrance holder. Judge Walko, thereafter, increased the support order to $1,000 per month. The initial order was made in February 1982 and the revised order on May 27, 1982. Payments on the orders were made as follows: March 29, $810; April 30, $900; June 3, $700; June 30, $300; July 28, $190; August 31, $95.60; October 6, $474; November 5, $284; December 30, $100; and January 31, 1983, $100. He has paid no support since January 31, 1983 and is in arrears as of March 31, 1983-in the amount of $9,246.40. In addition, he has refused to sign papers necessary to process the payment of medical bills by his insurance carrier which were incurred for his wife and children. Fortunately for the children, their maternal grandparents have been assisting plaintiff financially, have purchased food and purchased a mobile home so they would have a place to live.

Plaintiffs conduct has not been much better. She [557]*557testified that she spent all the money because, if he could spend $500 to $700 each month on himself openly, she could do the same thing behind his back. As a result, the mortgage and real estate taxes on the.farm became delinquent, utilities became delinquent, and installment.loans became delinquent. In addition, she withheld visitation with the children to punish defendant for not paying support. For this, the court, on defendant’s petition, adjudged her to be in contempt. Of course, the children were her only weapon which, until then, she used effectively as retribution against defendant.

The delinquent mortgage and taxes precipitated first a threatened tax sale and then a mortgage foreclosure action. Plaintiff’s parents advanced her a sufficient amount of money to forestall the tax sale. Plaintiff found a buyer for the farm in order to save the equity and forestall the foreclosure action. However, defendant, at a pre-trial conference, indicated an unwillingness to cooperate in the sale of the farm ■ and expressed a willingness to permit the foreclosure to proceed so that plaintiff would lose her share of the equity. As a result, this court was required to order him to execute the agreement of sale and later to execute and deliver a deed. The farm was eventually sold, producing a net amount of $11,654.49. This sum, pursuant to order of court, was deposited by the prothonotary in an interest bearing account for the benefit of the parties and is to be distributed equitably by the court.

Insofar as the Ohio property and defendant’s mobile home are concerned, defendant still owns the real estate although he transferred legal title thereto to his girlfriend. The court reaches this conclusion because defendant testified that he had transferred the title to both the real estate and the mobile home to her without consideration. However, the mobile [558]*558home was damaged by fire after which he sold it receiving $2,000. With that money, he “went out and had one good time”. It is apparent from this testimony and from all the foregoing circumstances, that defendant transferred title to the real estate in an effort to secure an advantage with respect to equitable distribution. To that extent, the transfer amounts to a fraud upon plaintiffs rights. However, since title to the land is not in defendant and since the property is not within our jurisdiction, our order will not affect the land. We will merely consider that fact in our disposition of the other issues in this case.

EQUITABLE DISTRIBUTION

In addition to the proceeds from the sale of the farm and the funds the defendant withdrew from the deferred savings plan, the parties owned numerous items of household goods and other personal property which were in their marital residence and various items of farm equipment and farm animals. They had no other property. All of these items of personalty are set. forth in two lists which were introduced as Plaintiffs Exhibits 5 and 8.

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431 A.2d 337 (Superior Court of Pennsylvania, 1981)
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Cite This Page — Counsel Stack

Bluebook (online)
27 Pa. D. & C.3d 554, 1982 Pa. Dist. & Cnty. Dec. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-morgan-pactcomplbeaver-1982.