Walker v. Walker

8 Pa. D. & C.5th 353
CourtPennsylvania Court of Common Pleas, Centre County
DecidedApril 30, 2009
Docketno. 2005-4248
StatusPublished

This text of 8 Pa. D. & C.5th 353 (Walker v. Walker) 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
Walker v. Walker, 8 Pa. D. & C.5th 353 (Pa. Super. Ct. 2009).

Opinion

KISTLER, J.,

Presently before this court are Dorothy Walker (Wife) and Lynn Thomas Walker (Husband). On October 16, 2008 and April 30, 2009, equitable distribution hearings were held regarding [354]*354the marital estate. The following opinion determines the value and distribution of the marital assets and debts.

FINDINGS OF FACT

The equitable distribution of marital property is controlled by section 3502 of the Divorce Code, 23 Pa.C.S. §3502 et seq. Under section 3502, this court is bound to consider the following factors in determining the equitable distribution of property:

(1) Length of marriage: Husband and Wife were married on August 26,1989. Later the parties separated, and will be divorced by decree of this court. As both parties were unrepresented, and failed to give the court the standard and necessary information to incorporate into this opinion, but the matter requires resolution, the court will rule without the standard information.

(2) Any prior marriage of either party: Unknown.

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

Age: At the time of the equitable distribution hearing, Wife and Husband appear each to be in their middle age.
Health: Unknown.
Station: The parties enjoyed a comfortable lifestyle during their marriage.
Amount and sources of income: Unknown.
Vocational skills/employability: Wife asserts she is unable to work.
[355]*355• Estate: There is no evidence either party expects any significant inheritance or legacy.
Liabilities and needs: There are outstanding marital debts of: Benner Township (real estate taxes) $7,310.35; Allstate Insurance $1,077.68; Allegheny Power $2,126.34; Spring-Benner Joint Authority (water and sewer) $279.50; Citicorp Trust Bank FSB (on marital home) $123,726.76; storage shed rental $425.

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

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

(6) Sources of income for both parties, including, but not limited to medical, retirement, medical, insurance or other benefits: None known.

(7) The contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of a party as a homemaker: There was considerable testimony and evidence to demonstrate that Husband allowed the marital home to waste and dissipate in value. Unpaid bills, deferred maintenance, and incomplete renovations have severely detracted from the expected value and equity of the home. It is unlikely that Husband will correct these dissipations.

(8) The value of the property set apart to each party: Great disputes exist as to the ownership, or even the existence, of many items of personal property. Many items are apparently missing, or deemed by one or both [356]*356parties to be owned by them outside the marital estate. Conflicts in the testimony are replete on this subject.

(9) The standard of living of the parties established during the marriage: Husband and Wife had a comfortable standard of living during the marriage.

(10) The economic circumstance of each party, including federal, state and local tax ramifications, at the time the division of property is to become effective: There was no testimony regarding the tax implications regarding the division of property.

(11) Whether the party will be serving as the custodian of any dependent minor children: Both parents have dependent children from the union.

(12) The property brought to the marriage by either party: Considerable disagreement exists, without documentation to support any argument, on nearly every item of personal property.

(13) Marital misconduct during the marriage: Unknown.

CONCLUSIONS OF LAW

This court has broad discretion in fashioning an award of equitable distribution of marital property. Twilla v. Twilla, 445 Pa. Super. 86, 664 A.2d 1020 (1995). This court is under no obligation in divorce proceedings to distribute each individual asset according to the determined formula, as long as the total scheme of distribution coincides with the court’s decided upon assessment. Cerny v. Cerny, 440 Pa. Super. 550, 656 A.2d 507 (1995).

[357]*357The essence of the concept of an equitable distribution is that after considering all relevant factors, the court may “deem just” a division that awards one of the parties more than half, perhaps a lion’s share, of the property. Platek v. Platek, 309 Pa. Super. 16, 454 A.2d 1059 (1982). An equitable distribution does not necessarily mean an equal division. Id. In determining the value of marital property, the court is free to accept all, part, or none of the testimony as to the true and correct value of the property. Litmans v. Litmans, 449 Pa. Super. 209, 673 A.2d 382 (1996).

Marital property must be distributed with reference to value approximate to the date of distribution. Oaks v. Cooper, 536 Pa. 134, 638 A.2d 208 (1994). Unless valuation is impossible because the asset has been consumed or disposed of by one of the parties, a value closer in time to distribution should be used. Sutliff v. Sutliff, 518 Pa. 378, 543 A.2d 534 (1988).

The purpose of alimony is not to reward one spouse nor to punish the other, but rather to ensure that the reasonable needs of a party going through a divorce, who is unable to support himself or herself through appropriate employment, are met. Alimony following divorce is a secondary remedy and is available only where economic justice and the reasonable needs of the parties cannot be achieved by way of an equitable distribution and development of appropriate employable skills. Nemota v. Nemota, 423 Pa. Super. 269, 620 A.2d 1216 (1993).

DISCUSSION

The condition of the marital residence located at 177 Crestview Drive, Benner Township, Centre County, [358]*358Pennsylvania, is the principal issue that exists between these parties.

The appraisal of John Curtin, dated August 11, 2008, sets a value for the property of $140,000.

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Related

Cerny v. Cerny
656 A.2d 507 (Superior Court of Pennsylvania, 1995)
Nemoto v. Nemoto
620 A.2d 1216 (Superior Court of Pennsylvania, 1993)
Sutliff v. Sutliff
543 A.2d 534 (Supreme Court of Pennsylvania, 1988)
Oaks v. Cooper
638 A.2d 208 (Supreme Court of Pennsylvania, 1994)
Twilla v. Twilla
664 A.2d 1020 (Superior Court of Pennsylvania, 1995)
Litmans v. Litmans
673 A.2d 382 (Superior Court of Pennsylvania, 1996)
Platek v. Platek
454 A.2d 1059 (Superior Court of Pennsylvania, 1982)

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