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CORA J. MALSEED v. HAROLD F. MALSEED (10/23/89)

filed: October 23, 1989.

CORA J. MALSEED, APPELLANT,
v.
HAROLD F. MALSEED



Appeal from the Order entered in the Court of Common Pleas of Chester County, Civil Division, No. 296 Feb. Term, 1983.

COUNSEL

Michael F. X. Gillin, Media, for appellant.

Lyn Schoenfeld, Media, for appellee.

Cirillo, President Judge, and Beck and Tamilia, JJ. Beck, J., concurs in the result.

Author: Tamilia

[ 388 Pa. Super. Page 216]

Appellant wife appeals a July 11, 1988 Order which granted the parties a divorce and set forth equitable distribution and the special master's fee.

On February 2, 1983 wife filed a complaint seeking a divorce and equitable distribution, alimony pendente lite, counsel fees, and expenses. A special master was appointed, and after considering testimony, exhibits, pleadings, and other documents, he filed his recommendation and report on November 19, 1987. Wife filed exceptions to the report on November 30, 1987. By the July 11, 1988 Order in question, the trial court granted the divorce and made the following equitable distribution: the $49,000 in equity in the marital home to be distributed 60 percent to husband and 40 percent to wife, with husband to have the option of paying wife $19,600 in cash; the shares of Sunshine Mining Company and Penn Central to be retained by each party; and an approved special master's fee of $1,495 to be paid $747.50

[ 388 Pa. Super. Page 217]

    by wife and $247.50 by husband. Wife filed this timely appeal.

The trial court summarized the facts as follows.

The parties in the above captioned matter were married on June 11, 1977 in Chester County, Pennsylvania and separated in October, 1982. Defendant Harold F. Malseed is forty-five years of age and was employed with the Haverford Township Police Department as a police officer from 1965 until April, 1978. After sustaining a back injury which rendered him permanently disabled, Defendant began receiving disability payments of $15,440.00 per year. Defendant also receives $10,244.00 per year from Workmen's Compensation. Plaintiff, age forty is currently earning $16,500.00 per year as a sales representative for PSFS and attends college part-time. No children were born of the marriage. Plaintiff has one prior marriage which produced no children and ended in divorce. Defendant also has one prior marriage and continues to contribute to the support of the two children, ages sixteen and twenty.

Slip Op., Endy, J., 7/11/88, p. 1.

On appeal wife first argues the court abused its discretion when it used the value of the marital property as of the date of separation because this valuation gives to husband a substantial ...


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