Nicholson v. Johnston

855 A.2d 97, 2004 Pa. Super. 279, 2004 Pa. Super. LEXIS 2262
CourtSuperior Court of Pennsylvania
DecidedJuly 19, 2004
StatusPublished
Cited by21 cases

This text of 855 A.2d 97 (Nicholson v. Johnston) 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
Nicholson v. Johnston, 855 A.2d 97, 2004 Pa. Super. 279, 2004 Pa. Super. LEXIS 2262 (Pa. Ct. App. 2004).

Opinion

[98]*98OPINION BY

STEVENS, J.:

¶ 1 Appellant Lynn Nicholson challenges an order of the Court of Common Pleas of York County which affirmed an adjudication and decree nisi.

¶ 2 Nicholson became romantically involved with Appellee, Tobin Johnston, in 1989, and in 1995 they became engaged to be married. In anticipation of marriage, they purchased a home on June 15, 1998, for $185,000.00. Although the parties were named joint tenants with a right of survivorship, and both were signatories to the $148,000.00 mortgage, the parties agreed that Johnston would be responsible for paying the mortgage and Nicholson would be responsible for the other costs of living. Accordingly, Johnston paid down payment and settlement costs in the amount of $43,652.05. The expected marriage never occurred, however, and on November 17,1999, the parties separated and Nicholson moved from the home. Johnston has made all the required mortgage, tax, insurance, and sewer payments since that time.

¶ 3 Nearly two years after she moved from the home, Nicholson filed a complaint for partition of the property on November 9, 2001, requesting that it be sold and the proceeds divided. Johnston subsequently agreed to the partition, and the parties motioned the court for an order accomplishing that goal. The matter of the parties’ respective interests in the property remained outstanding, however, and a master’s hearing was held on August 22, 2002, before James A. Holtzer, Esq.

¶ 4 The Master filed his report on September 25, 2002.1 Pertinent to the appeal before us, the Master was “not persuaded by [Johnston’s] argument that the titling of the real estate was any type of a conditional gift to [Nicholson],” and the Master concluded that “at the time of original conveyance each party became owner of one-half interest in the subject property.” Master’s report at 4. Thus the Master refused to afford Johnston any direct credit for payments he made to the mortgage principal or interest. Id. Of additional concern to the present appeal, the Master used the date of the parties’ separation to determine the mortgage balance. Id.

¶ 5 Both parties filed exceptions to the Master’s report, and on May 30, 2003, the Honorable Penny Blackwell issued an adjudication and decree nisi. Although Judge Blackwell declined to disturb the Master’s use of the date of separation to determine the mortgage balance, she disagreed with the Master’s refusal to credit Johnston with the payment and settlement costs he paid. Adjudication at 6-8.2 Specifically, Judge Blackwell found:

[99]*99The deed is very specific in setting forth that the property is deeded “as joint tenants with a right of survivorship and not as tenants in common.” The Court in Deloatch [DeLoatch] v. Murphy, 369 Pa.Super. 255, 259, 535 A.2d 146, 148 (Pa.Super.1987) cited Teacher v. Kijurina, 365 Pa. 480, 76 A.2d 197 (1950) in construing the proprietary interest stated in the deed: (furthermore, in construing a deed, as in the case of a will, it is not what the parties may have intended by the language used but what is the meaning of the words,” By this subject deed’s language, one half interest was conveyed to each party.
Having said that, however, it is clear that Johnston’s involvement was primary to the issuance of the mortgage and deed. Nicholson conceded that point in her testimony. It is also clear that these parties were engaged to be married and they intended to marry. The wording of the deed represented their commitment at the time of the purchase of the residence.
The Court is convinced that the parties’ actions in purchasing this property was prompted, at the time of the purchase, by their commitment to marry. Their cumulative testimony as well as the wording of the deed substantiate this intent. Johnston’s substantial down payment and Nicholson’s payment reflected that commitment. ... Johnston’s down payment and Nicholson’s closing costs will be reimbursed respectively.

Adjudication at 6-7. Additionally, in her Supplemental Pa.R.A.P. 1925(a) opinion, Judge Blackwell expounds:

The Court finds that, in the case sub judice, the financial arrangements were a conditional gift and therefore clearly and indubitably contingent upon a marriage occurring. Stanger v. Epler, 382 Pa. 411, 415 115 A.2d 197, 199 (1955). [Johnston] advanced monies, for the down payment on a home, with the understanding that a marriage would occur between he and [Nicholson]. That marriage did not occur. Therefore, this Court determined that Johnston is entitled to recover the initial payments he made.
The Court concluded, with regard to the proportionate share of the rental value of the property, that the mortgage expenses incurred by Johnston offset any claims by Nicholson for rental payments. Nicholson did not contribute any monies toward the mortgage expenses. As the Court already concluded that the arrangement was contingent upon the effectuation of a marriage and the marriage did not occur, it is only equitable that Nicholson not benefit from payments made solely by Johnston.
The date of the parties’ separation was November, 1999. The Court determined that the mortgage balance as of that date would be the equitable amount to use for calculation purposes.

Supplemental Pa.R.A.P. 1925(a) Opinion at 1-2.

¶ 6 Following Judge Blackwell’s decision, Nicholson filed a motion for post-trial relief,3 which was denied by a July 23, 2003 [100]*100order which reaffirmed and adopted as final a June 24, 2003 amended decree nisi.4 Nicholson then appealed to this Court on August 5, 2003. She asserts that Judge Blackwell erred in concluding that Johnston was entitled to reimbursement of his contributions to the down payment of the property, and that the judge erred in using the mortgage balance as of the date of the parties’ separation, rather than the balance at the time of partition. Nicholson’s brief at 4.

¶ 7 We examine the lower court’s conclusions here for an abuse of discretion or error of law. Spears v. Spears, 769 A.2d 523, 524 (Pa.Super.2001) (“[T]he scope of appellate review of a decree in equity is limited. Absent an abuse of discretion or an error of law, we are bound to accept the findings of the trial court or master.”).

¶ 8 We first address Nicholson’s contention that Johnston is not entitled to reimbursement of his down payment monies. She asserts that because the parties held the property as “joint tenants with right of survivorship,” she is entitled to one-half the value of the property, and it was error for the court to consider the down payment money supplied by Johnston.

¶ 9 “A joint tenancy in real estate with right of survivorship is created by the co-existence of the four unities of interest, title, time and possession.” Allison v. Powell, 333 Pa.Super. 48, 481 A.2d 1215, (1984) (citation omitted).

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Bluebook (online)
855 A.2d 97, 2004 Pa. Super. 279, 2004 Pa. Super. LEXIS 2262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholson-v-johnston-pasuperct-2004.