Stauffer v. Stauffer

79 Pa. D. & C.4th 529
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedMarch 2, 2006
Docketno. 5419 CV 2001, no. 736 DR 2001
StatusPublished

This text of 79 Pa. D. & C.4th 529 (Stauffer v. Stauffer) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stauffer v. Stauffer, 79 Pa. D. & C.4th 529 (Pa. Super. Ct. 2006).

Opinion

WORTHINGTON, J.,

Plaintiff, Nellie L. Stauffer (Wife), and defendant, Leonard J. Stauffer (Husband), were married on May 21,1982. Master’s report at 2. On July 24, 2001, Wife filed a complaint seeking a divorce pursuant to sections 3301(c), 3301(d), and 3301 (a)(6) of the Pennsylvania Divorce Code, equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses. The parties filed affidavits of consent at the initial master’s hearing held on June 8, 2005.

Both parties and their respective counsel attended two master’s hearings in front of Robert C. Lear, Esquire on [531]*531June 8,20051 and June 9,2005. The master filed a report and recommendations on September 15,2005. Wife filed exceptions to the report on September 26, 2005 and a memorandum of law in support of plaintiff’s exceptions on November 3, 2005. Husband filed exceptions to the report on October 5, 2005 and a brief in support of his exceptions and contra plaintiff’s exceptions on November 3, 2005. Argument was held on November 7, 2005 and the exceptions are now before us for disposition.

This was the second marriage for both Husband and Wife. There were no children bom to this marriage.

At the time of the hearing, Husband was 73 years of age and in poor health. He had been diagnosed with multiple health problems including diabetes, high blood pressure, coronary artery disease, herniated discs, abdominal aortic aneurysms and bilateral internal carotid artery stenosis.

At the time of the Hearing, Wife was 72 years of age and in reasonable health. Wife testified that she suffered from depression, dizzy spells and fainting.

The master determined that the marital estate was comprised of a small piece of real estate in Troy, Pennsylvania valued at $50,000, three parcels of real estate with a combined value of $245,000, a life insurance policy with a cash value of $32,826, a Chevrolet Impala valued at $8,250, a Honda Goldwing GL Motorcycle worth $16,999, akit car valued at $3,500, andHusband’s inter[532]*532est in Stauffer Concrete and Excavating Inc. Report at 13.

Throughout the parties’ marriage, Husband served as the owner and operator of Stauffer Concrete and Excavating Inc., which he founded in 1966. The business was incorporated in 1999 when Husband’s son, David Stauffer, became active in developing the concrete products portion of the business. At the time of the parties’ separation, Husband owned 90 percent of the common stock of the corporation and his son owned the remaining 10 percent.

After hearing extensive testimony with regard to the value of Husband’s business, the master recommended that Husband’s interest be assigned a value of $283,248. Report at 8. Furthermore, after thoroughly considering the equitable distribution factors in light of the specific facts presented, the master recommended a 55 percent-45 percent distribution scheme favoring Wife. Report at 16.

When we review the recommendations of the master, they are entitled to great consideration because the credibility of the witnesses is an issue. Herwig v. Herwig, 279 Pa. Super. 65, 420 A.2d 746 (1980). However, those findings are not binding on the court. Butler v. Butler, 423 Pa. Super. 530, 621 A.2d 659 (1993). If the court feels it should deviate from a recommendation, it has the authority to do so, Morschhauser v. Morschhauser, 357 Pa. Super. 339, 516 A.2d 10 (1986), because the final responsibility for making the equitable distribution of property rests with the court. Tagnani v. Tagnani, 439 Pa. Super. 596, 654 A.2d 1136 (1995). We will, however, affirm the master if the recommendations are sup[533]*533ported by the record. Furthermore, equitable distribution need not be equal, only equitable. Williamson v. Williamson, 402 Pa. Super. 276, 586 A.2d 967 (1991).

Section 3502 of the Divorce Code sets forth the factors to be considered by the master in any equitable distribution. The section states in pertinent part:

“(a) General rule. — Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors. The court may consider each marital asset or group of assets independently and apply a different percentage to each marital asset or group of assets. Factors which are relevant to the equitable division of marital property include the following:

“(1) The length of the marriage.

“(2) Any prior marriage of either party.

“(3) The age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties.

“(4) The contribution by one party to the education, training or increased earning power of the other party.

“(5) The opportunity of each party for future acquisitions of capital assets and income.

“(6) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

“(7) The contribution or dissipation of each party in the acquisition, preservation, depreciation or apprecia[534]*534tion of the marital property, including the contribution of a party as homemaker.

“(8) The value of the property set apart to each party.

“(9) The standard of living of the parties established during the marriage.

“(10) The economic circumstances of each party at the time the division of property is to become effective.

“(10.1) The federal, state and local tax ramifications associated with each asset to be divided, distributed or assigned, which ramifications need not be immediate and certain.

“(10.2) The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain.

“(11) Whether the party will be serving as the custodian of any dependent minor children.” 23 Pa.C.S. §3502.

With these standards in mind, we turn to Wife’s eight exceptions to the report. Wife contends that the master erred in:

(1) determining the net asset value of the business;

(2) ignoring good will in determining the net asset value of the business;

(3) determining the value of the kit car;

(4) finding that half of the loan made by Wife to Husband was included in the business valuation;2

(5) awarding Wife permanent alimony in the amount of $1,500;3

[535]*535(6) not requiring Husband to pay all of Wife’s counsel fees, costs, and expenses;

(7) failing to take into consideration Husband’s marital misconduct;

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Bluebook (online)
79 Pa. D. & C.4th 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stauffer-v-stauffer-pactcomplmonroe-2006.