Zegan v. Zegan

79 Pa. D. & C.4th 86
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedNovember 4, 2005
Docketnos. 172 DR 2004, 982 CV 2004
StatusPublished

This text of 79 Pa. D. & C.4th 86 (Zegan v. Zegan) 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
Zegan v. Zegan, 79 Pa. D. & C.4th 86 (Pa. Super. Ct. 2005).

Opinion

WORTHINGTON, J,

Plaintiff, Arlene M. Zegan (Wife) and defendant, Alan G. Zegan (Husband) were married on September 5,1981. Master’s report, at 2. On February 10, 2004, Wife filed a complaint requesting a divorce pursuant to sections 3301(a)(6), 3301(c) and 3301(d) of the Pennsylvania Divorce Code. In her complaint, Wife also requested equitable distribution, alimony, alimony pendente lite, counsel fees, and costs and expenses. The parties filed affidavits of consent at the master’s hearing.

Both parties and their respective counsel attended the master’s hearing in front of Robert C. Lear, Esquire on March 28, 2005. The master filed a report and recommendations on May 2, 2005. Wife filed exceptions to the report on May 12,2005. Wife filed a supporting brief on July 14, 2005. Husband filed a brief in opposition to Wife’s exceptions on July 28, 2005. Wife’s exceptions are now before us for disposition.

At the time of the hearing, Wife was 55 years of age and Husband was 59 years of age. Both parties had been married previously. N.T., at 11. Husband has two adult children from a previous marriage. Id. There was one child bom of this marriage, Jenny Hellen Zegan, 20 years of age. Id.

Throughout the marriage, Husband was employed as a respiratory therapist at Bellevue Hospital. Report, at 12. Husband retired from Bellevue Hospital on Decern[88]*88ber 31,2002. N.T., at 129. He is currently employed part-time at Long Island College Hospital and, in 2004, he earned the sum of $27,345. Report, at 11. In addition, Husband’s annual pension earnings are $54,742.58. Id.

During the parties’ 22-year marriage, Wife engaged in part-time employment on a sporadic basis. Report, at 11. Since moving to Pennsylvania in 2001, Wife was employed as a part-time receptionist at a chiropractor’s office for approximately six months. N.T., at 18. Wife earned $7 per hour and she worked approximately 15 hours per week. Id. From 1982 until 2001, Wife was employed by the Union City Parks and Recreation Bureau as a receptionist working between four to 15 hours per week. Report, at 12. From 1990 until the present, Wife’s average annual salary was $5,000 or less. Id. Wife is currently unemployed.

The marital assets consist of the former marital residence located at R.R. 6 Box 6399B in Stroudsburg, Pennsylvania, which has a stipulated value of $149,000. Report, at 4. At the time of the hearing, the residence was encumbered by a mortgage that had a balance of $94,000, resulting in $55,000 of marital equity. Id. Husband retained a 2002 Ford Ranger valued at $11,965, and Wife retained a 1997 Ford Taurus worth $4,425. Id. at 4-5.

The parties have a Massachusetts Mutual Joint Annuity, which had a value of $66,206.56 as ofMarch 31,2005; an American National Insurance Company Joint Annuity, which had a value of $ 109,03 8.20 as ofMarch 31,2005; a Primerica IRA, which had a value of $2,499.76 as of December 31,2004; a Primerica Roth IRA, which had a value of $3,882.08 as of December 1, 2004; and a Prudential Retirement Account, which had a balance of $29,445.91 [89]*89as of December 14, 2004. Report, at 5. Wife also had a savings account worth $6,357, a checking account in the amount of $843.97, and a Citizen’s Bank savings account worth approximately $25,000. Id. at 6.

Husband has a pension from the New York City Employees Retirement System by virtue of his employment with Bellevue Hospital. Report, at 5. The master found that the annual pension benefit, which was worth $54,742.58, was completely marital, and he recommended that it be divided on a 50-50 percent basis between the parties through a Qualified Domestic Relations Order. Id. at 15-16.

In his report, the master recommended that the remaining marital assets be allocated 55 percent to Wife and 45 percent to Husband, since there was a significant disparity between the parties’ incomes. Report, at 13-14. As a result, Wife was awarded $ 184,077.41 and Husband was awarded $130,586.07. Id. Wife received the marital residence, the Citizen’s Bank savings account, the two IRAs, her savings and checking accounts, the assignment of the Massachusetts Mutual Joint Annuity, and a portion of the Prudential Retirement Account pursuant to a Qualified Domestic Relations Order. Id. at 15. Additionally, Wife was awarded rehabilitative alimony in the amount of $300 per month for the duration of one year. Id. at 18. Husband retained the American National Joint Annuity and the balance of the Prudential Retirement Account. Id. at 15.

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 [90]*90findings 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 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 supported 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.

[91]*91“(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.

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Bluebook (online)
79 Pa. D. & C.4th 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zegan-v-zegan-pactcomplmonroe-2005.