Palmer v. Palmer

29 Pa. D. & C.3d 569, 1984 Pa. Dist. & Cnty. Dec. LEXIS 463
CourtPennsylvania Court of Common Pleas, Franklin County
DecidedJanuary 23, 1984
Docketno. 1981-604
StatusPublished

This text of 29 Pa. D. & C.3d 569 (Palmer v. Palmer) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Franklin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palmer v. Palmer, 29 Pa. D. & C.3d 569, 1984 Pa. Dist. & Cnty. Dec. LEXIS 463 (Pa. Super. Ct. 1984).

Opinion

KELLER, J.,

The present divorce action was commenced by plaintiff, Emily Palmer, on August 14, 1981, with the filing of her complaint against the defendant, Sidney M. Palmer. In addition to the alternative divorce grounds of irretrievable breakdown of the marriage and indignities to the person, the plaintiff also requested relief by way of equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. On defendant’s motion dated February 19, 1982, the court entered an order appointing Robert C. Schollaert, Esq., master. On April 13, 1982, an order of court was entered at Mr. Schollaert’s request revoking his commission and appointing J. Dennis Guyer, Esq., master to hear the issues of division of property, alimony, alimony pendente lite and counsel fees and expenses and to return the record and a transcript together with his report and recommendations. Hearings were conducted by the master on June 10, 11 and 14, 1982, and attended by the parties and their counsel.

Defendant filed his affidavit of consent to plaintiff’s divorce action on November 16, 1981, and plaintiff filed her affidavit of consent on February 7, 1983. Therefore, the matters heard by the master were properly at issue. The master filed his report [571]*571on July 8, 1983, after giving notice to the parties’ counsel. Both parties filed exceptions to the master’s report on July 22, 1983, having obtained an order of court extending the time for filing exceptions to that date. Plaintiff fisted the matter for argument and the same was heard by this court on September 1, 1983.

A review of the evidence establishes the following facts. The parties were married on November 29, 1952 and separated on December 29, 1979. They are the parents of four children ranging in age from 18 to 26. The oldest, Lynne, graduated from Bucknell, holds an M.A. degree from Purdue University and is married. Sidney, Jr. (Todd), 24, was living in Philadelphia and completing his last term of studies at Temple University at the time of the master’s hearing. Paige, 23, holds a degree from Elizabethtown College, is employed, married and living in Chambersburg. The youngest child, Grant, is a sophomore at Bucknell University.

The parties agreed to value all assets as of December 1, 1980, since there were marriage counseling sessions during 1980 in the hope of reconciliation. By stipulation the marital real estate of the parties and its value is:

1. 132 College Avenue, Chambersburg $ 126,000.00

2. 574-576 Nelson St., Chambersburg 33,750.00

3. 429-431 Lincoln Way East, Chambersburg 25,000.00

4. 289-291 Lincoln Way West, Chambersburg 29,000.00

5. 72 Lincoln Way West, Chambersburg 90,000.00

6. 357-361 W. King St., Chambersburg 57,500.00

[572]*572352 Philadelphia Avenue, Chambersburg 23,000.00 -j

42 S. Main St., Chambersburg (one-half interest) 28,200.00 00

Horse Valley cabin 8,500.00 CO

27 William Penn Drive, Chambersburg 55,000.00 O

At the beginning of the first day of the master’s hearing, the parties also read the following stipulation into the record:

“Any settlement distribution shall distribute to husband the house on College Avenue, and to wife the house at 55 William Penn Drive, and to each their respective vehicles, stock portfolios, certificates of deposit, treasury notes, and checking or savings account.”

The master agreed to accept the stipulation as a recommendation only.

The following items were stipulated to be marital property with values as hereinafter set forth:

1. Oriental rug $ 8,000.00

2. Mr. Palmer’s car 1,000.00

3. Mrs. Palmer’s car 4,000.00

4. Stouffer contract 19,750.00

5. Mr. Palmer’s life insurance (cash surrender value) 5,877.00

6. Coin collection 3,889.00

7. Mr. Palmer’s stock 70,652.00

8. Mrs. Palmer’s stock 64,800.00

9. Mr. Palmer’s certificates of deposit 6,000.00

10. Mrs. Palmer’s certificates of deposit 11,000.00

11. Mr. Palmer’s gun collection 9,585.00

12. Mr. Palmer’s checking account 3,500.00

13. Mrs. Palmer’s savings account 7,000.00

[573]*573Subsequent to the filing of the master’s report the parties stipulated that the following indebtedness be construed as marital debts:

1. Life insurance indebtedness $ 26,129.00
2. Chambersburg Trust Company 10,500.00
3. Brechbill Helman 6,500.00

Defendant, Sidney M. Palmer, aged 54, is employed by Valley Bank and Trust Company as its Executive Vice President with an annual salary of $36,400. He holds both B.A. and M.B.A. degrees., Mrs. Palmer is also 54 and holds B.A. and M.A. degrees. She worked part-time as a guidance counsel for the Lincoln Intermediate Unit during the latter years of the marriage. Mrs. Palmer is presently enrolled at the Andover Newton Divinity School where she has completed two years of a three-year program. Upon successful completion of her studies, she will become an ordained minister and hopes to obtain employment with a church. The parties stipulated that Mrs. Palmer would probably begin employment at a salary of $14,000 with fringe benefits of approximately $2,000.

The parties entered into their marriage with assets of substantially the same value. Neither party disputes the other’s valuable contributions to the marriage and the family unit. Mrs. Palmer portrayed her life as one of a busy homemaker who frugally managed her money. Mr. Palmer, on the other hand, was the primary breadwinner through his business activities, real estate and stock portfolio management.

The parties lived well during their years of marriage enjoying several vacations over the years, educating their children in private colleges, living in a nice home with a tennis court and swimming pool, managing to save significant amounts, and having [574]*574enough funds to purchase investment real estate properties.

Mr. Palmer’s health is excellent. Mrs. Palmer has controllable high blood pressure, arthritis, phlebitis and asthma for which she takes medication daily.

There are a total of 58 exceptions to the master’s report which are currently before the court for decision. In order to facilitate an orderly discussion of these numerous objections, we have divided them into the following categories: (1) Procedural Requirements (plaintiff’s exceptions, 6, 7, 8, 9, 10, 11, 12 and 13; defendant’s exceptions 1); (2) master’s rulings on objections to evidence (plaintiff’s exceptions 2, 3 and 4; defendant’s exceptions 28, 29, 30 and 32; (3) marital v.

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29 Pa. D. & C.3d 569, 1984 Pa. Dist. & Cnty. Dec. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-palmer-pactcomplfrankl-1984.