Osborne v. Osborne

41 Pa. D. & C.5th 287
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedSeptember 30, 2014
DocketNo. 11099 of 2010, C.A.
StatusPublished

This text of 41 Pa. D. & C.5th 287 (Osborne v. Osborne) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Osborne v. Osborne, 41 Pa. D. & C.5th 287 (Pa. Super. Ct. 2014).

Opinion

HODGE, J.,

Before the court for disposition are exceptions to the report and recommended order of the equitable distribution master. The plaintiff, Tracey Osborne (hereinafter, “wife”), and the defendant, Wesley Osborne (hereinafter, “husband”) were married on August 30, 1986 and separated on July 8, 2010. Wife is currently 50 years old. During the course of the parties’ marriage, wife worked as a Radiograph Technician, and wife financially contributed to the parties’ marriage. Wife continues to maintain full-time employment as a Radiograph Technician. Husband is currently 49 years old. Husband initially worked at a landscaping company and served as the primary wage earner. During the marriage, husband expanded his level of education at Penn State University and established several businesses relating to lawn service and contracting and wildlife control.

The parties own substantial marital assets, which are subject to equitable distribution. Their assets include fifteen pieces of real property valued at $1,184,000.00. The parties additionally owned personal property, vehicles [290]*290and proceeds from an oil and gas lease. The marital debt is comprised of several mortgages, and personal and business loans. The marital debt equals approximately $415,597.16. Following several days of equitable distribution hearings, the master entered a report and recommended order dividing the marital estate. Pursuant to the master’s recommendations, wife was awarded specific pieces of real property, a lump sum equitable distribution award, counsel fees and spousal support.

Husband timely filed exceptions to the master’s report and recommendations. Husband contends that the master committed the following errors:

1. The master erred in awarding wife the following real property:
a. 294 Bedford Road, Pulaski Township;
b. 4857 Hillsville Road, Pulaski, PA;
c. 1927 State Route 208, Pulaski, PA; and
d. Tionesta Camp, Forest County, PA.
2. The master erred in assigning the full obligation for the following loans/lines of credit to Husband:
a. First Commonwealth Bank Consolidation loan;
b. Wells Fargo loan;
c. First Commonwealth Bank Commercial loan;
d. First Commonwealth Bank Business Line of Credit;
e. First Commonwealth Bank Excavator loan;
f. Loan from Husband’s parents regarding PNC Bank Line of Credit; and
[291]*291g. All First Commonwealth Bank loans associated with High Hill Storage.
3. The master erred in failing to award husband credit for payments made on the marital liabilities after separation.
4. The master erred in assigning all personal property located at [the] Osborne Farm to wife.
5. The master made incorrect findings of fact regarding wife’s income and expenses.
6. The master erred in awarding wife alimony in the amount of $500.00 per month for eight years.
7. The master incorrectly applied the seventeen factors for awarding alimony.
8. The master erred in requiring husband to pay wife’s counsel fees in the amount of $5,100.00.
9. The master erred in failing to attribute to wife a portion of the tax liability associated with the receipt of the oil and gas lease bonus money and further erred in requiring husband to be fully responsible for payment of taxes.
10. The master erred in leasing the funds held in escrow to wife and [to the equitable distribution master for his fees].
11. The master erred in requiring husband to make a lump sum payment of $66,000.00 to wife.
12. The master erred in awarding wife 50% of any and all future oil and gas-mineral rights associated with the parties’ real estate.
13. The master erred in failing to totally discredit the [292]*292appraisals of wife’s appraiser.
14. The master erred in failing to correctly identify the real property and in misidentifying real property.
15. The master made incorrect findings of fact and conclusions in determining the value of the real property owned by the parties.
16. The master provided insufficient findings as to the values of the real property.
17. The master erred in determining the value of the personal property.
18. The master erred in awarding wife more than 50% of the marital estate.
19. The master erred in awarding wife the Harley Davidson Sportster.
20. The master made incorrect findings of fact and conclusions in the discussion of the relevant factors considered under Section 3502(a) of the divorce code.
21. The master erred in determining the value of the 1971 Oldsmobile 442 and in failing to find that husband only owns a one-half interest in the automobile.
22. The master erred in calculating the net value of the marital estate.

In disposing of these exceptions, the court observes that while a master’s report is advisory only, it is to be given great deference. Fiorelli v. Fiorelli, 195 A.2d 369 (1964); Morschhauser v. Morschhauser, 516 A.2d 10 (1986). A reviewing court has a duty to make a complete and independent review of the proceeding below. Rollman v. Rollman, 421 A.2d 755 (1980).

[293]*293In reviewing the master’s considerations, the report should be given “fullest consideration” particularly on issues of credibility. Kohl v. Kohl, 564 A.2d 222 (1989). The review is intended to discover inherent improbabilities in the stories of the witnesses, inconsistencies and contradictions, bias, interest, and opposition to incontrovertible physical facts by which credibility may be ascertained. Rollman, supra. However, because the master is the person hearing the testimony and observing the demeanor and appearance of the witness, any issue of credibility must be resolved by giving the Master’s findings the fullest consideration. Rorabaugh v. Rorabaugh, 448 A.2d 64 (1982). With this standard in mind, the following is a discussion and disposition of the parties’ exceptions.

Husband’s Exception 1

Husband’s first exception contends that the master failed to appropriately weigh the testimony regarding the real property. Husband argues that the master failed to consider the fact that defendant is dependent upon the real property to maintain his business.

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Related

Kohl v. Kohl
564 A.2d 222 (Supreme Court of Pennsylvania, 1989)
Rorabaugh v. Rorabaugh
448 A.2d 64 (Supreme Court of Pennsylvania, 1982)
Morschhauser v. Morschhauser
516 A.2d 10 (Supreme Court of Pennsylvania, 1986)
Rollman v. Rollman
421 A.2d 755 (Superior Court of Pennsylvania, 1980)

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Bluebook (online)
41 Pa. D. & C.5th 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/osborne-v-osborne-pactcompllawren-2014.