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NELLE VASTINE MCCABE v. J. GRANT MCCABE (05/31/88)

filed: May 31, 1988.

NELLE VASTINE MCCABE, APPELLEE,
v.
J. GRANT MCCABE, III, APPELLANT



Appeals from the Decrees of the Court of Common Pleas, Montgomery County, Civil Division, at No. 81-01252.

COUNSEL

Bancroft D. Haviland, Philadelphia, for appellant.

Hope C. Lefeber, Philadelphia, for appellee.

Cirillo, President Judge, and Cavanaugh, Brosky, Del Sole, Montemuro, Tamilia, Kelly, Popovich and Johnson, JJ. Cirillo, President Judge, and Popovich, J., joined. Del Sole, J., filed a concurring and dissenting opinion joined by Kelly, J. Johnson, J., filed a concurring and dissenting opinion joined by Cavanaugh, Montemuro and Tamilia, JJ. Cavanaugh, J., filed a concurring and dissenting opinion joined by Montemuro, Tamilia and Johnson, JJ.

Author: Brosky

[ 374 Pa. Super. Page 452]

This is a consolidated appeal. Appellant has appealed from final orders providing for alimony, alimony pendente

[ 374 Pa. Super. Page 453]

    lite, distribution of property and the awarding of counsel fees and expenses.

Appellant has challenged the trial court's valuation of marital property and distribution of marital property, the awarding of alimony, alimony pendente lite and counsel fees and expenses, and has also challenged the procedure utilized by the Montgomery County Court of Common Pleas. Because we find that the trial court erred in the valuation of marital property, we will affirm the orders in part, vacate in part, and remand the case to the trial court for further proceedings.

The parties to this action were married in 1948 and separated in July of 1980. Appellant has pursued a career in law, and for many years has been associated with the firm of Rawle & Henderson, located in Philadelphia. Appellant is currently a partner in that firm. Appellee has never been employed for compensation, but took an active role in raising and caring for the parties' five children. The record indicates that appellant's gross income from his law practice approximates $150,000 per year and has approximated this figure for many years. At the time of the filing of briefs appellant was 62 years of age while appellee was age 60.

An action in divorce was filed by appellee on January 26, 1981. After several hearings and the passing of much time, the orders in question were issued by the Court of Common Pleas of Montgomery County. Marital property was valued at more than $590,000 by the trial court. The equitable distribution order called for distribution as follows:

To appellee:

Personalty $8,231.00

Stock (including net increase) 60,207.55

Pension Plan (appellant's) 60,638.63

Home 140,000.00

Loan 4,500.00

Boat 12,000.00

Cash 15,500.00

$301,077.18

To appellant:

Partnership interest $286,276.00

Stamp Collection 5,430.00

Life Insurance 1,951.00

$293,657.00

[ 374 Pa. Super. Page ...


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