Appeal from the Judgment of the Court of Common Pleas, Civil Division, of Bucks County at No. A06-82-60134-QYR-11.
Ronald R. Bolig, Sellersville, for appellant.
Rodney D. Henry, Quakertown, for appellee.
Wickersham, Wieand and Popovich, JJ.
[ 355 Pa. Super. Page 484]
Mildred D. Ganong appeals from the judgment entered in the Court of Common Pleas of Bucks County in this equitable distribution of marital property case.
Carlyton M. Ganong, appellee, filed a complaint in divorce on January 12, 1982. Both parties filed petitions for equitable distribution of marital property, and Mildred Ganong also filed a petition for alimony, counsel fees, and expenses. A divorce decree was entered on August 4, 1983, reserving for future decision all rights to proceed on the economic issues.
The parties were married for approximately fifteen years. During the marriage, they acquired twenty-five acres of land in Springfield Township, Bucks County, upon which they built a house; a rental property in Quakertown; numerous vehicles; tools; household furnishings; bank accounts;
[ 355 Pa. Super. Page 485]
and some pension and profit-sharing rights. The marriage also produced three children: Angeline, Julie and Carlyton. At the time of the hearing in March 1984, the children were ages 16, 12 and 10 respectively. They reside with appellee in the family home; their custody is not at issue.
The evidence produced at the hearing showed that the parties were similar in many respects. Appellant was 33 and appellee 34 years old. Each had a "G.E.D." high school equivalency diploma, and each had taken 15-18 units of college credits. Both had worked throughout the marriage, although appellant had been laid off periodically. Appellee was employed in 1983 as a quality assurance supervisor and earned approximately $39,000, a portion of which was the result of voluntary overtime. Appellant was employed in 1983 as a drill press operator and earned approximately $13,000. The lower court found that neither party's income was likely to increase significantly in the future.
On June 18, 1984, the lower court entered a nisi order dividing the parties' marital property, with approximately 55% going to appellee and 45% going to appellant. The same order also denied appellant's request for counsel fees.*fn1 Appellant filed timely exceptions and supplemental exceptions to the nisi order, which were argued before the trial judge. On March 27, 1985, the lower court filed an amended nisi order, which made some minor changes in the distribution of certain items. No exceptions were filed to the amended nisi order, and it was subsequently entered as a final decree on May 1, 1985. This timely appeal followed.
Appellant presents two issues:
I. Has a trial judge abused his discretion in an equitable distribution matter where he has failed to consider ...