Schall v. Schall

2 Pa. D. & C.5th 262
CourtPennsylvania Court of Common Pleas, Centre County
DecidedJanuary 28, 2008
Docketno. 2004-3704
StatusPublished

This text of 2 Pa. D. & C.5th 262 (Schall v. Schall) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Centre County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schall v. Schall, 2 Pa. D. & C.5th 262 (Pa. Super. Ct. 2008).

Opinion

BROWN JR., S.J.,

Before the court are claims for equitable distribution of the parties’ marital assets, alimony, counsel fees, costs and expenses. Hearings addressing all claims were held on April 23 and June 1,2007. Transcripts were prepared. Both parties submitted proposed findings of fact, conclusions of law and orders.

FINDINGS OF FACT

In accordance with section 3502 of the Divorce Code, the court must consider the factors set out below in determining equitable distribution of property. Upon consideration of evidence presented at hearings and the submissions of the parties, this court finds the following:

(1) Length of marriage: Plaintiff Joseph Schall (Husband) and defendant Cheryl Schall (Wife) were married January 8, 1977. The parties separated on February 26, 2004. They were divorced by decree of this court on May 4, 2006.

(2) Any prior marriage of either party: This was the first marriage for both parties. Subsequent to the divorce, Husband married Diane Lathers, now Diane Schall.

(3) Age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each party:

(i) Age: At the time of the June 1,2007 equitable distribution hearing, Wife was 49 years of age, having been born on March 22, 1958; Husband was 51 years of age, having been bom on May 22, 1956.

[264]*264(ii) Health: Wife is in good health, and has no unusual health conditions or concerns that she believes would impact her earning potential. Husband is in good health, but suffers from recurring gout attacks, for which he takes prescribed medication. The gout attacks have not impacted his ability to work.

(Hi) Station: The parties enjoyed a middle class lifestyle during their marriage.

(iv) Amount and sources of income: Wife is currently employed as a certified nursing assistant (CNA) at Foxdale Nursing Home in State College, Centre County, Pennsylvania, earning $21,469.76 per year.

Husband is currently employed by the United States Army maintaining a database on High Mobility Multipurpose Wheeled Vehicles (FIMMWV), and is serving on active duty at Letterkenny Army Depot in Chambers-burg, Pennsylvania, maintaining databases. Husband’s 2007 anticipated gross income is $56,000. Prior to going on active duty with the Army, Husband held several different civilian jobs as a laborer.

(v) Vocational skills; employability: Wife is a high school graduate. She received certified nursing assistant (CNA) training through lecture and clinical courses, and passed the CNA certification exam. She has not looked for jobs outside of the nursing field.

Husband is a high school graduate. He received training while in the Army Reserves in electronics and vehicle mechanics, and he maintains databases in his current position at Letterkenny. He has no opportunity for promotion in the Army, as he is in his 34th year of service; thus, the Army can discharge him at any time and he will have to return to a civilian job.

[265]*265(vi) Estate: There is no evidence either party expects any significant inheritance or legacy.

(vii) Liabilities and needs ofeach party: There are two mortgages on the marital residence which are joint liabilities of the parties. The first mortgage is with Omega Bank with a payoff amount of $14,114.96. The second mortgage is an installment loan account, also with Omega Bank, with a payoff amount of $2,506.25. Wife is currently residing in the marital residence with adult son Brent and minor son Eric. She has resided there since the time of the separation. Wife is currently paying both mortgages, which amounts to $438.04 per month. Wife’s debts at the time of hearings include a credit card with Omega Bank with a balance of $943.73; a vehicle loan with First Commonwealth Bank with a balance of $786.78, and legal fees of $3,670. $1,200 has been paid. Wife’s monthly expenses amount to $2,771.26, exclusive of legal fees.

Flusband currently resides in a rented townhouse with his wife, who contributes to the payment of the monthly expenses. The monthly payment on the townhouse is $700. Husband’s credit card debts at the time of hearings include: Chase Bank, with a balance of $12,757.21; Discover, with a balance of $2,601.53; and Wachovia, with a balance of $12,225.71. Total monthly payments are approximately $1,000. Husband’s other liabilities include an account with Omega Bank with a balance of $3,372.30, child support and alimony pendente lite obligations of $ 1,354 per month, a vehicle payment of $465 per month, and total legal fees to date of $10,441.25. Husband’s monthly expenses amount to $4,293.50, exclusive of legal fees.

[266]*266(4) Contribution by one party to education, training, or increased earning power of other party: Wife remained at home and was the primary caretaker of the children when they were young. She did not work outside the home until after the youngest child was born. Husband was working for the Army Reserves and various other jobs to support the family. Husband paid for Wife’s CNA class tuition and certification exam, and supported her during her studies.

(5) Opportunity of each party for future acquisitions of capital assets and income: Husband and his current wife will have more ability to acquire future assets than Wife, due to their combined income and Husband’s current income being substantially more than Wife’s current income. Wife is currently supporting herself and the parties’ youngest son on her paycheck and child support. Husband is in his 34th year of service with the Army. He could be discharged at any time and would then need to return to a civilian job.

(6) Sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits: Wife receives income through her employment as a CNA at Foxdale Nursing Home, and has medical insurance coverage through her employer. Wife participates in a retirement plan through TIAA-CREF. Wife also receives alimony pendente lite and child support.

Husband receives income through his employment with the United States Army and has medical insurance coverage through the military. Husband has retirement benefits through the military, as well as from his prior employment. Husband has been paying alimony pendente lite and child support since March 2004.

[267]*267(7) Contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as homemaker: Both parties contributed to the acquisition, preservation and appreciation of the marital property during marriage. Husband worked during the marriage in both civilian jobs and in the U.S. Army, and continued to find work when job opportunities closed to him due to no fault of his own. Income from his employment was used to pay household bills.

Wife remained at home to care for the children when they were young, so Husband could go on deployment and assignments from the U.S. Army. She contributed where she could by baby-sitting and taking jobs in the neighborhood. When the children were old enough, Wife sought employment at Foxdale and started her CNA training.

(8) Value of property set apart to each party:

(i)

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Bluebook (online)
2 Pa. D. & C.5th 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schall-v-schall-pactcomplcentre-2008.