Sankey, C. v. Sankey, L. ( 2016 )


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  • J. S16044/16
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    COLIN SANKEY,                              :     IN THE SUPERIOR COURT OF
    :          PENNSYLVANIA
    Appellee           :
    :
    v.                       :
    :
    LORRAINE SANKEY,                           :
    :
    Appellant          :     No. 2267 EDA 2015
    Appeal from the Order Entered June 22, 2015
    In the Court of Common Pleas of Monroe County
    Domestic Relations at No(s): 11378 CV 2008
    1219 DR 2008
    BEFORE: OTT, J., DUBOW, J., and JENKINS, J.
    MEMORANDUM BY DUBOW, J.:                              FILED APRIL 13, 2016
    Appellant, Lorraine Sankey, (Wife) appeals from the June 22, 2015
    Order of the Court of Common Pleas of Monroe County denying Wife’s
    Exceptions to Divorce Master’s Report and ordering that Appellee, Colin
    Sankey, (Husband) did not have to pay alimony to Wife.          After careful
    review, we affirm on the basis of the trial court opinion.
    Husband and Wife were married on March 24, 2002 in Stroudsburg,
    Pennsylvania and separated in January of 2008 after an alleged lengthy
    affair by the Husband and one physical altercation between the parties. Trial
    Ct. Op., dated 9/8/15, at 1.        On November 21, 2008, Husband filed a
    Complaint for Divorce. Id. The parties had no minor children at the time
    the Complaint was filed. Id.
    J. S16044/16
    On December 15, 2014, a hearing was held before Divorce Master
    Robert C. Lear, Esquire, where the only issue presented to the Master for
    consideration was the payment of alimony by Husband to Wife, as the
    parties stipulated to other economic claims.        Id. at 2.     On February 12,
    2015, the Divorce Master filed his Report denying Wife's request for alimony.
    On March 4, 2015, Wife filed Exceptions to the Divorce Master's Report. Id.
    On June 22, 2015, the trial court issued an order that, inter alia, denied
    Wife's Exception to the Divorce Master's Report, denied alimony, and
    granted divorce. Wife filed a timely Notice of Appeal.      Wife and trial court
    both complied with Pa.R.A.P. 1925.
    Wife raises the following issues on appeal:
    a. Whether the trial court erred by failing to consider the relative
    liabilities of the parties in its decision regarding alimony?
    b. Whether the trial court erred by failing to consider the
    emotional condition of Wife in its decision regarding alimony?
    Appellant’s Brief at 2.
    Our standard of review in spousal support cases is well settled – this
    Court must determine whether the trial court has abused its discretion.
    Dudas    v.   Pietrzykowski,    
    849 A.2d 582
    ,    585   (Pa.    Super.   2004).
    Specifically, this Court must decide whether the trial court has “misapplied
    the law, or has exercised judgment which is manifestly unreasonable, or is
    the product of partiality, prejudice, bias or ill will as demonstrated by the
    evidence of record.” 
    Id.
     (internal quotation marks and citation omitted).
    -2-
    J. S16044/16
    The Divorce Code requires a trial court to consider seventeen factors
    when determining whether to award alimony, and “the nature, amount,
    duration and manner of payment of alimony,” including:
    (1)    The relative earnings and earning capacities of the parties.
    (2)    The ages and the physical, mental and emotional
    conditions of the parties.
    (3)    The sources of income of both parties, including, but not
    limited to, medical, retirement, insurance or other
    benefits.
    (4)    The expectancies and inheritances of the parties.
    (5)    The duration of the marriage.
    (6)    The contribution by one party to the education, training or
    increased earning power of the other party.
    (7)    The extent to which the earning power, expenses or
    financial obligations of a party will be affected by reason of
    serving as the custodian of a minor child.
    (8)    The standard of living of the parties established during the
    marriage.
    (9)    The relative education of the parties and the time
    necessary to acquire sufficient education or training to
    enable the party seeking alimony to find appropriate
    employment.
    (10)   The relative assets and liabilities of the parties.
    (11)   The property brought to the marriage by either party.
    (12)   The contribution of a spouse as homemaker.
    (13)   The relative needs of the parties.
    (14)   The marital misconduct of either of the parties during the
    marriage. The marital misconduct of either of the parties
    from the date of final separation shall not be considered by
    the court in its determinations relative to alimony, except
    that the court shall consider the abuse of one party by the
    other party. As used in this paragraph, “abuse” shall have
    the meaning given to it undersection 6102 (relating to
    definitions).
    (15)   The Federal, State and local tax ramifications of the
    alimony award.
    (16)   Whether the party seeking alimony lacks sufficient
    property, including, but not limited to, property distributed
    -3-
    J. S16044/16
    under Chapter 35 (relating to property rights), to provide
    for the party's reasonable needs.
    (17) Whether the party seeking alimony is incapable of self-
    support through appropriate employment.
    23 Pa.C.S. § 3701(b).
    Wife’s first argument is that the trial court failed to consider the
    relative liabilities of the parties in its decision regarding alimony, specifically
    that the Master failed to consider “the underwater marital real estate
    properties and the large home equity line of credit which Wife was acquiring
    through the equitable distribution of marital property through the divorce”
    Appellate Brief at 2, 7-8.   We have thoroughly reviewed the certified record,
    Wife’s Appellate Brief, the applicable law, and the well-reasoned Trial Court
    Opinion, and conclude that there was no abuse of discretion.                   The
    comprehensive Trial Court Opinion properly disposes of the issue and we
    affirm on the basis of that Opinion (concluding that Wife’s argument lacks
    merit as the Master properly considered the required 17 alimony factors, 1
    including relative assets and liabilities of the parties, and specifically
    considered Wife’s expenses, among other evidence).            See Trial Ct. Op.,
    dated 9/8/15, at 2-5, 7-8.
    Wife’s second argument is that the trial court erred when it failed to
    consider her emotional condition when it denied alimony. Appellate Brief at
    2. We have thoroughly reviewed the certified record, Wife’s Appellate Brief,
    1
    23 Pa.C.S. § 3701(b).
    -4-
    J. S16044/16
    the applicable law, and the well-reasoned Trial Court Opinion.   We conclude
    that Wife’s second issue merits no relief.    The comprehensive Trial Court
    Opinion properly disposes of the issue and we affirm on the basis of that
    Opinion (concluding that Wife’s argument lacked merit as she did not
    present any direct evidence as to her emotional condition and the Master
    properly considered indirect evidence including Husband’s alleged affair and
    physical altercation with wife). See Trial Ct. Op., dated 9/8/15, at 2-7.
    Order affirmed.
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 4/13/2016
    -5-
    J-{Q'th {e_e;1   E; 03/22/2016
    Circulated          1 EAMi .
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    lROECERWEIDl SEP !_ 4 20l5
    COURT OF COMMON PLEAS OF MONROE COUNTY
    FORTY-THIRD JUDICIAL DISTRICT
    COMMONWEAL TH OF PENNSYLVANIA
    COLIN SANKEY,                                   No. 1219 DR 2008
    No. 11378 CV 2008
    Plaintiff
    v.
    LORRAINE SANKEY,                                DEFENDANT'S EXCEPTIONS
    TO DIVORCE MASTER'S REPORT
    Defendant                          AND RECOMMENDATION
    STATEMENT PURSUANT TO Pa.R.A.P. 1925{a)
    This matter comes before the Court on Defendant Lorraine Sankey's
    appeal of our Order dated June 22, 20i 5. The facts and procedural history of the
    case are briefly summarized as follows.
    Plaintiff, Colin Sankey (hereinafter "Husband") and Defendant Lorraine
    Sankey (hereinafter "Wife") were married on March 24, 2002 in Stroudsburg,
    Pennsylvania. The parties separated in January of 2008 after an alleged lengthy
    affair by the Husband, however, the parties remained in the marital home
    together for several months until one night when an alleged physical altercation
    occurred between the parties, and Husband thereafter moved out of the marital
    residence. Husband filed a Complaint for Divorce on November 21, 2008. The
    parties had no minor children at the time the Complaint was filed.
    A hearing was held before Divorce Master Robert C. Lear, Esquire on
    December 15, 2014. At the Master's Hearing, the parties placed on the record a
    stipulation of settlement of all economic claims between Husband and Wife, with
    the exception of alimony. Therefore, the only issue presented to the Master for
    consideration was the payment of alimony by Husband to Wife.
    On February 12, 2015, the Divorce Master filed his Report denying Wife's
    request for alimony. Wife filed exceptions to the Divorce Master's Report on
    March 4, 2015 raising two issues, one concerning marital real estate, and the
    second involving alimony. The parties thereafter entered into An Addendum to
    Stipulation of Counsel and Parties which resolved Wife's exception regarding
    marital real estate. The Addendum to Stipulation was adopted by the Court on
    June 2, 2015. As a result of the Addendum to Stipulation, the sole exception
    remaining before the Court was the issue of alimony. After the submission of
    briefs and oral argument, this Court entered an Order on June 22. 2015 denying
    Wife's Exception to the Divorce Master's determination that Wife was not entitled
    to alimony. Wife filed a Notice of Appeal on July 22, 2015. As directed by the
    Court, Wife filed a Concise Statement of Errors Complained of on Appeal
    pursuant to Pa.R.A.P. 1925(b) on August 17, 2015. We now file this Opinion
    pursuant to Pa.R.A.P. 1925(a).
    DISCUSSION
    In her 1925(b) Statement, Wife claims that the Court erred in denying her
    exception seeking the grant of alimony on the grounds that the Divorce Master
    and Court failed to properly consider the "alimony factors" pursuant to "Section
    2
    501 (b) of the Divorce Code," namely the emotional condition of Wife and the
    relative assets and liabilities of the parties.
    In her 1925(b) Statement, Wife cites to "Section 501 (b) of the Divorce
    Code" as the statute setting forth the "alimony factors" to be considered in
    adjudicating a request for alimony. This statute, however, has been repealed for
    some time.   The appropriate statute Wife presumably intended to cite to is 23
    Pa.C.S.A. §3701, enacted in 1990. Out of judicial economy, we analyze the
    "alimony factors" considered by the divorce master based upon the proper
    statute set forth in Section 3701.
    In ruling on divorce exceptions, the divorce master's report and
    recommendation, although only advisory, is to be given great deference. Fiorilli
    v. Fiorifli, 
    198 A.2d 369
    , 370 (Pa. Super. 1964); Morschhauser v. Morschhauser,
    5'
    16 A.2d 10
     (Pa. Super. 1986).      A reviewing court has a duty to make a complete
    and independent review of the proceeding below. Rollman v. Rollman, 
    421 A.2d 755
    , 758 (Pa. Super. 1980).
    In reviewing a master's considerations, however, the report should
    be given "fullest consideration," particularly on issues of credibility. Kohl v. Kohl,
    
    564 A.2d 222
     (Pa. Super. 1989). The review is intended to discover inherent
    improbabilities in the stories of the witnesses, inconsistencies and contradictions,
    bias, interest, and opposition to incontrovertible physical facts by which credibility
    may be ascertained.     Rollman, 
    421 A.2d at 758
    . However, because the master is
    the person hearing the testimony and observing the demeanor and appearance
    of the witness, any issue of credibility must be resolved by giving the master's
    3
    findings the fullest r       :..it:?ration. Rorabaugh v. Rorabaugh, 
    448 A.2d 64
     (Pa.
    Super. 1982).
    I.       Alir
    -                \
    Section..,,~               »sylvanla Divorce Code provides that
    "[w]here a divorce decree has been e .. .:ered, the court may allow alimony, as it
    deems reasonable, to either party only if it finds that alimony is necessary." 23
    Pa.C.S.A.   §3701 (a). In determining the nature, amount, duration and manner of
    payment of alimony, the court must consider all relevant factors, including those
    statutorily prescribed.      lsralsky v. lsralsky, 
    824 A.2d 1
     "178 (Pa.Super. 2003).
    Those statutorily prescribed factors that a court must consider are:
    (1) The relative earnings and earning capacities of the parties.
    (2) The ages and the physical, mental and emotional conditions of
    the parties.
    (3) The sources of income of both parties, including, but not limited
    to, medical, retirement, insurance or other benefits.
    (4) The expectancies and inheritances of the parties.
    {5) The duration of the marriage.
    (6) The contribution by one party to the education, training or
    increased earning power of the other party.         ·
    (7) The extent to which the earning power, expenses or financial
    obligations of a party will be affected by reason of serving as the
    custodian of a minor child.
    (8) The standard of living of the parties established during the
    marriage.
    4
    (9) The relative education of the parties and the time necessary to
    acquire sufficient education or training to enable the party seeking
    alimony to find appropriate employment.
    (10) The relative assets and liabilities of the parties.
    (11) The property brought to the marriage by either party.
    (12) The contribution of a spouse as homemaker.
    (13) The relative needs of the parties.
    (14) The marital misconduct of either of the parties during the
    marriage. The marital misconduct of either of the parties from the
    date of final separation shall not be considered by the court in its
    determinations relative to alimony, except that the court shall
    consider the abuse of one party by the other party. As used in this
    paragraph, "abuse" shall have the meaning given to it under section
    6102 (relating to definitions).
    (15) The Federal, State and local tax ramifications of the alimony
    award.
    (16) Wl1ether the party seeking alimony lacks sufficient property,
    including, but not limited to, property distributed under Chapter 35
    (relating to property rights), to provide for the party's reasonable
    needs.
    (17) Whether the party seeking alimony is incapable of self-support
    through appropriate employment.
    23 Pa.C.S.A.   §3701(b).    0
    'The purpose of alimony is not to reward one party and to punish the
    other, but rather to ensure that the reasonable needs of the person who is unable
    to support himself or herself through appropriate employment, are met." Twilla v.
    Twilla, 
    664 A.2d 1020
    , 1022 (Pa. Super. 1995). Alimony "is based upon
    reasonable needs in accordance with the lifestyle and standard of living
    established by the parties during the marriage, as well as the payor's ability to
    5
    pay." k!,. Moreover, "[a]limony following a 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 award and development
    of an appropriate employable skill."   kl
    A. Wife's Emotional Condition as a Factor
    Wife alleges that we erred in denying her exception to the Divorce
    Master's Report and Recommendation because the Master failed to take into
    consideration Wife's emotional condition as a factor in his determination of
    alimony. We disagree.
    Preliminarily, we note that Wife did not present any direct evidence as to
    her emotional condition. The record is completely devoid of any such evidence.
    As there is no direct evidence of Wife's emotional condition contained in the
    record that the Master could consider as a factor for Alimony, Wife's assignment
    of error is without merit.
    Furthermore, despite the failure of Wife to present evidence of this issue,
    the Master did take into consideration Wife's allegations of marital adultery by
    Husband as a factor to be considered in determining Alimony. [Notes of
    Testimony, at pgs. 19; 33; & 51, Transcript of Proceedings before the Divorce
    Master, January 261 2015 (hereinafter N.T. _).]. The Master also heard
    testimony by Wife as to allegations of a physical assault and abuse by Husband.
    [N.T., p. 21]. Such conduct may have arguably affected Wife's emotional state.
    As such, we find that the Master did take into consideration indirect evidence of
    6
    Wife's emotional condition in rendering his recommendation to deny Wife's
    request for alimony.
    For the above reasons, we request that the Superior Court affirm our
    decision denying Wife's Exception to the Report and Recommendation of the
    Divorce Master.
    8. The relative assets and fiabilities of the Parties
    Wife argues that we erred in denying her exception to the Divorce
    Master's Report and Recommendation because the Master failed to consider the
    parties' assets and liabilities in recommending Wife be denied alimony. Wife's
    argument lacks merit.
    The Master did expressly indicate in his report that he considered
    the 17 "alimony factors" under Section 3701 of the Pennsylvania Divorce Code
    [Master's Report, pgs. 5 -   81 which   includes the "relative assets and liabilities of
    the parties." And specifically, the Master stated that he considered the "income
    and expense" of the parties in determining alimony. [Master's Report, pgs. 15
    and 23]. Throughout the entire proceedings, the Master heard testimony about
    the "relative assets and liabilities" of both Wife and Husband. [N.T., pgs. 5 thru
    55]. The Master expressly considered the past; present and expected future
    earnings and employment of Wife and Husband [Master's Report, pgs. 4-5; 7-8;
    N.T.]; the current standard of living of Wife [Master's Report, p. 7]; the tax returns
    of Wife and Husband for the relevant years [Master's Report, pg.5]; and Wife's
    expenses [Master's Report, pgs. 7-8].
    7
    It is clear from the record that the Master did in fact consider the relative
    "assets and liabilities" of Wife and Husband in making his determination of
    alimony. Thus, we do not find that we erred in denying Wife's Exception to the
    Report and Recommendation of the Divorce Master. We respectfully request the
    Superior Court affirm our decision.
    Dated: September 8, 2015
    cc:    Kimberly A. Fedrigon, Esq.
    Kathleen E. Walters, Esq.
    Robert C. Lear, Esquire, Master
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Document Info

Docket Number: 2267 EDA 2015

Filed Date: 4/13/2016

Precedential Status: Precedential

Modified Date: 4/17/2021