Prall, L. v. Prall, L.

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

LUCINDA PRALL : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : LARRY PRALL : No. 1272 WDA 2024

Appeal from the Order Entered September 18, 2024 In the Court of Common Pleas of Potter County Civil Division at No(s): No. 3259 of 2021

BEFORE: OLSON, J., SULLIVAN, J., and FORD ELLIOTT, P.J.E.* MEMORANDUM BY OLSON, J.: FILED: May 21, 2025

Appellant, Lucinda Prall (“Wife”) appeals from the trial court’s September 18, 2024 order, which resolved the equitable distribution claims between Wife and Larry Prall (“Husband”), awarded Wife alimony, and denied Wife’s claims for counsel fees.1 We affirm.

The trial court ably summarized the underlying facts and procedural history of this case:

This matter comes before the Court on the [Wife’s] Complaint for Divorce, Equitable Distribution, Alimony and Counsel

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• • Retired Senior Judge assigned to the Superior Court. 1 This order was made final by the trial court’s September 18, 2024 entry of

a final decree in divorce. See Trial Court Decree, 9/18/24, at 1; see also Wilson v. Wilson, 828 A.2d 376, 378 (Pa. Super. 2003) (“a pre-divorce decree distributing marital property is interlocutory. . . . It cannot be reviewed until it has been rendered final by the entry of a decree in divorce”).

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Fees. At the time of the hearing, [Wife] was 59 years of age and resided in Punta Gorda, Florida. [Husband] is 73 years of age and lives with his daughter in Fairfield, Pennsylvania. The parties were married on August 2, 1986 and separated on April 23, 2021. Both parties had previously been married, this being their second marriage. [Wife] has an adult daughter from a previous relationship, whom Husband adopted, and the Husband has two other adult daughters from a previous relationship. They have no children together.

Wife's education and training includes being a licensed cosmetologist, an LPN and medical transcriptionist. Wife was employed with Giant Food Markets, which ended when she suffered an injury. She received a worker's compensation settlement from Giant in June 1998 in the amount of $47,500. Presently Wife's income consists of social security disability benefits of $1,125 a month but must purchase the Medicare benefit at $174.76 per month. Wife's net income is approximately $950 per month.

Wife received an inheritance from her mother's estate of $25,000 which was placed in an Edward Jones investment account on or about December 31, 2016. See Defendant's Exhibit 41. In the Edward Jones statement dated September 20, 2021 through October 29, 2021 the account value was $28,140. Wife claims that she has expended all of Edward Jones funds at this time; however, Wife presented no evidence indicating that the account has been depleted.

Wife has a myriad of medical issues, which are listed on Plaintiffs Exhibit A and avers that she is presently unable to work. Wife testified that she has unpaid medical bills in the amount of $7,578. She reports she is on numerous medications some of which are not covered by any insurance. Wife has had three back surgeries. Wife has Medicare parts A and B which she pays $174.76 per month.

Husband was employed with Tyco Electronics from December of 1968 through retirement in January of 1999 where he earned a pension. Thirteen years of his pension is deemed marital. Husband's monthly retirement benefit is $599.91. At the time of his retirement, Husband made an election to provide his Wife with a 100% irrevocable survivor benefit which would provide her with the same benefit of $599.91

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upon his passing. This election meant that Husband received a reduced monthly benefit than if had made an election to give his Wife less than the 100% survivor benefit. According to QDRO GROUP evaluation contained in Defendant's Exhibit 34, and the testimony of the pension appraiser Lance Melin, the marital portion of the retirement benefit was valued at $29,061.96 with Wife's portion of her survivor benefit valued at $18,906.61. If Wife receives 50% of the marital portion of the retirement benefit without any offset of her survivorship benefit, she will receive $128.80 per month of Husband's monthly benefit of $599.91. Husband incurred expert fees in the amount of $1,700 in having the pension evaluation prepared and the expert Lance Melin testify.

Husband also receives social security benefits in the amount of $2,681.90 per month. Deducted from that benefit is the sum of $164.90 for Medicare insurance. He also pays approximately $270.00 for supplemental insurance and $41.00 for Part B benefit. Accordingly, after payment of Medicare and supplemental insurance Husband's net social security benefit is $2,206.00.

Husband takes ten medications as he has had health issues including a stroke in 2012 and is under the care of a vascular surgeon. He has one carotid artery.

The current spousal support order for Wife is dated October 18, 2023. In that Order Husband's Social Security and retirement were used in establishing the spousal support amount. The Order provided that spousal support should be $624.81[; however, this] was reduced to $306.55 with the understanding that Husband was paying marital obligations while Wife was residing in the camper. . . .

The parties own a marital residence in Potter County and a seasonal residence in Florida. The Florida residence is a camper which was purchased on October 22, 2020 for $71,213. Wife contributed $ 10,000 from her inheritance money and the parties borrowed $66,247 from the Bank of the West with a monthly payment of $ 516.52. See Defendant's Exhibit G. Wife claims that Husband agreed to repay her the $10,000 she contributed to the purchase. The parties would spend the winters in the camper from October through March and the rest of the year at their residence in

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Potter County. Wife testified that after the parties separated that she paid the lot rent and insurance on the camper for three years. Wife has had exclusive possession of the camper since the date of separation of April 23, 2021 while Husband continued to make the loan payment on the camper. Husband testified that Wife paid the lot rent for 2022 and 2023 and that he paid the insurance on the camper since July 2022.

The parties had attempted to sell the camper and as of the date of the opinion in this matter have an offer for $56,000, which is less than the payoff. By stipulation and Order of Court dated May 7, 2024, they had agreed to sell the camper for $57,000 and use some of the proceeds from the sale of the marital residence to pay any deficiency. As of March 1, 2024, the parties owed $60,831 to Bank of the West for the camper. See [Plaintiff’s Exhibit H]. Previously, Husband had attempted to sell the camper and incurred advertising fees of $220. Husband continues to pay the loan on the camper until it is sold.

Wife claims that she vacated the camper on January 5, 2024[,] but still resides in the camper park with another individual without any expense or fee to her. Defendant's Exhibits 1 and 2 are photographs taken after January 5, 2024 and show the interior of the camper filled with personal property. When questioned whether she lives with Charles Walter, she testified that she never stays overnight with him and sleeps at another undisclosed location.

The parties owned a marital residence at 27 Watson Farm Road, Austin, Pennsylvania, which was sold on January 29, 2024. The net proceeds of $80,226.08 are being held in the escrow account of the closing attorney and will be distributed herein. See Exhibit Plaintiffs F-1.

The parties had a 2010 GMC pickup truck which Wife was in possession of when the parties separated. In violation of the Court's Order (to be discussed below), on or about July 2021 she traded in that vehicle for a credit of $7,500 and together with cash of $14,858.24 purchased a Buick Encore. See Plaintiff's Exhibit K.

Since separation Husband has solely paid the mortgage on the marital residence of $585.00 per month until the summer

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of 2023. Husband also made the loan payment on the camper of $516.52 per month while Wife had exclusive possession of the camper and he has continued to pay that obligation. In the October 18, 2023 support Order which has been appealed the parties were to split the loan payment on the camper. It is unknown whether they have complied with that directive.

The parties have a joint Edward Jones investment account which [in] January 2024 had a balance of $4,630.37 and at this time is valued at $5,160. That fund was intended to be used to purchase a vehicle to replace their truck. Wife has incurred attorney fees of approximately $16,646.77 while Husband has incurred attorney fees of approximately $18,411.00. Husband testified that he had to borrow to pay his counsel fees while wife was required to use some of her Edward Jones account. Each obtained an appraisal of the marital residence. Husband incurred a fee of $400 for his appraisal and Wife incurred a similar fee.

Husband has a personal loan which was about $10,000 at the time of separation. He reports that $4,000 of said money was used for cosmetic surgery for his Wife. He claims that there was about $41,000 in Wife's Edward Jones account at the time of the purchase of the camper. Wife testified that Husband paid her $1,200 from his stimulus check as part of the repayment of her contribution to the purchase of the camper. The parties have a Discover Card in Wife's name which had balance at or near the date of separation of approximately $6,800.00. See Plaintiff's Exhibit N.

Wife claims that the impetus behind the parties separation on April 23, 2021 was that Husband had accumulated debt without her knowledge. At that time the parties were living in the camper in Florida. Wife claims that Husband borrowed $1,200 against her life insurance policy without her consent. He admits that there was a loan against her insurance policy and that the money was used to pay the lot rent where the camper was parked. Husband claims that the reason for the separation was because Wife had become violent with him and after a physical altercation on April 23, 2021 she left the camper in Florida and drove away in the parties' truck. Husband testified that during the altercation Wife said that she would [“fucking kill”] Husband. Husband provided the Court with photos suggesting that his Wife bruised his face

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during the altercation and he testified that he sought medical treatment at a hospital in York County when he returned to Pennsylvania.

According to Husband when his Wife left the camper, she took his keys, his wallet; as well as his tools and equipment which were in the back of the pickup truck. Husband (and his friend who had been staying with the parties at the camper) retreated to a hotel and then eventually returned to Pennsylvania where Husband moved in with his daughter. Husband claims that he pays his daughter $400 per month in rent.

Husband has never recovered his wallet, keys or equipment to this day and in prior hearings, Wife denied she ever took the items. However, Wife's daughter, Kristy Briggs testified in an earlier proceeding that her mother was in possession of those items after the parties separated.

After separation Wife also returned to Pennsylvania and to the marital residence in Potter County and she exclusively resided there from May of 2021 through August 31, 2021. Wife claims that there was an electrical fire at the residence and so she called the electric company and requested that they remove the electric service box from the property. Wife presented photographs dated May 3, 2021 of a four wheeler and a lawn tractor in a shed on the property. She also has presented photos of items in the residence. Many of these items have come up missing since Wife was at the residence. No photos were presented to the Court which were taken near the time she left the premises in August. Wife claims she bought the four wheeler from her previous settlement; however Husband testified that they had two other four wheelers that they had bought with her settlement but that those had been sold before the subject four wheeler was purchased.

By Court Order dated December 2, 2021, Husband was given the right to return to the marital residence to make sure that it was winterized before cold weather ensued. Husband claims that he had been to the residence two times in 2021. On the first occasion he observed the four wheeler and lawn mower in the shed, but when he returned the second time after Wife had been at the residence, these items were

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missing. Wife denies that she had anything to do with the removal of these items. However in Wife's sole Edward Jones account statement dated September 25 through October 29, 2021 (Defendant's Exhibit 41) there is a deposit into her account of $4,000 and one month later an additional deposit [of] $5,797.90 added to her account for a total of $9,797.90. Wife provided no testimony or evidence as to how she was able to accumulate these funds, however she has continually claimed that she had no source of income but for her social security and spousal support.

Wife has not been credible in this hearing and other proceedings. The Court believes that Wife removed and sold items from the residence and that these funds deposited into her Edward Jones account logically came from the sale of the items removed from the residence. Defendant Exhibit 29 indicates that the value of the missing lawn mower is $775 and Exhibit 31 establishes a value for the four wheeler at $3,500.

After Husband entered the residence he found that the roof needed repair and the electric had been disconnected. He made a claim to State Farm for repair of the roof and the insurance company issued a check in the amount of $1,983.05. See Defendant's Exhibit 15. He retained the service of Brumbach's Carpentry to repair the roof for $4,700. See Defendant's 17. On November 3, 2022, Husband borrowed $6,035.28 to cover the cost of repairs to the residence. See Defendant's Exhibit 18.

According to Husband when he returned to the house to make the repairs, the majority of the personal property in the residence had been removed. Defendant's Exhibit 20 indicates that ammunition, bear rugs, animal mounts, tools, clothing and many other items were gone. Husband values these items at $27,444.76, with $6,822 being premarital assets of his. See Defendant's Exhibit 20. The Court being the fact finder finds these figures to be inflated and determines that the value of the marital assets removed or destroyed [by] Wife to be $15,275 (including four wheeler and tractor) and value of Husband's premarital assets to be $4,000.

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Husband did find some firearms owned by Wife's father and he gave them as well as a gun cabinet and antique desk to his Wife's daughter Kristy Briggs for delivery to Wife. Wife claims that there were numerous firearms at the residence while Husband claims there were six and which he had appraised. Husband provided an appraisal of six firearms. See Defendant's Exhibit 43. He claims that the last two on the list were premarital. The value of the four firearms which are marital is $2,350.

Wife has failed to comply with this [Court's] Order on several occasions and has not been credible in her testimony. To provide context and history, the Court has provided herewith the prior Findings and Orders in this matter:

On July 26, 2021, Husband filed a Petition for Special Relief and Contempt averring that Wife had failed to comply with the Court's Order of June 15, 2021 which was reached by an agreement of the parties and required that the assets be frozen. The matters were scheduled for a hearing on October 21, 2021. The following is an [excerpt] from the Court's Findings and Order in that matter:

1. This matter comes before the Court on [Husband’s] Petition for Contempt/Petition for Special Relief against [Wife].

2. The parties were married on August 2, 1986 and separated on or about April 23, 2021.

3. By way of history, the parties reside at 27 Watson Farm Road, Coudersport, Potter County, Pennsylvania but would travel to Florida for part of the year.

4. While living seasonally in Florida, the parties would reside in a camper. Due the small size of the camper, they would store some of their items locked up in the back of their pickup. The pickup is a [2010] GMC Sierra which is titled in Wife's name but was purchased during the marriage and is a marital asset. It is the only vehicle the parties owned.

5. In April of 2021 the parties, and their friend, Clarence Confer were at the residence in Florida when Husband and

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Wife engaged in an argument. Mr. Confer and Husband had items of personal property in the pickup truck. Wife retrieved Husband's wallet and drove off with the pickup truck containing the aforesaid property of Husband and Mr. Confer. Husband had requested of Wife that he be allowed to retrieve the personal property in the truck and requested the return of his wallet. Wife refused these requests.

6. Inside the bed of the truck [were] two suitcases of Mr. Confer which contained his clothing, hearing aids, mail and a military patch.

7. Also contained inside the bed of the truck were Husband’s tools, Direct TV meter and clothing.

8. After the altercation between Husband and Wife on April 23, 2021, Husband and Mr. Confer fled the Florida residence and returned to Pennsylvania.

9. On June 3, 2021 Wife drove the pickup truck from Florida to the residence of the parties’ daughter in Dover, Pennsylvania. At that time Wife left a message on Husband's phone that she was at the residence and wanted to deliver to him his property. Husband was not at the Dover residence at that time and his property was not left there by Wife.

10. The parties’ daughter Kristy Briggs testified that she received a phone call from her mother on June 3, 2021 wherein her mother recounted that she was at the Dover residence and had with her the aforesaid suitcases and Husband’s items from Florida. Wife advised Ms. Briggs that she was parked in a field and surveilling the residence with binoculars for several hours. Despite Ms. Briggs suggestion that Wife leave the items on the porch and depart the residence, Wife refused.

11. Ms. Briggs has seen her mother with father's wallet on several occasions including in May or June 2021 and testified that mother carries the wallet and Husband's documents with her at all times in a bag.

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12. In May of 2021 Ms. Briggs was at the residence in Coudersport to visit with her mother and observed that the parties’ four wheeler and lawnmower was present on the property. Ms. Briggs also observed that her mother had removed a storm door from the residence. Ms. Briggs believes that her mother has been “acting crazy” which is mother’s new normal.

13. On June 15, 2021 a hearing was scheduled on Husband's Petition for Special Relief. At that time the parties entered into an agreement which was approved as an Order of Court that same day. At that time the Court directed that all assets of the parties would be “frozen and not removed, dissipated, sold, concealed in any fashion but for normal living expenses.”

14. On or about July 9, 2021 Wife traded in the aforesaid pickup truck at the Shult's auto dealership in Olean, New York for $7,500.00 and purchased another vehicle in her own name. The pickup truck was not encumbered. By trading in the pickup truck, Wife violated the June 15, 2021 Order of Court.

15. Husband presented a recent photograph from Wife's Facebook account which appears to be a fire wherein photographs or documents are being burned. Husband believes that some of the items in the fire were from his wallet. He testified that inside his wallet was his driver's license, credit cards, insurance cards; as well as a medical notice card.

16. Husband recently drove past the residence and observed that the storm door was removed; decking from the porch was missing and there appeared to be leak on the roof. He also could not find the four wheeler and tractor that had been in the shed. Husband was advised that a truck bearing New York license plate recently retrieved the tractor and four wheeler from the residence. It is not known if these items were removed from the residence before or after the Court's June 15, 2021 Order.

17. Husband expressed concerns that Wife will soon be returning to Florida for the winter and the house could be left vacant and not winterized. He believes that

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deterioration can already be seen from the missing storm door, missing decking and leak on the roof. He requests access to the residence to inspect and to arrange for winterization.

18. On or about September 23, 2021 Husband alerted his counsel that Wife was selling property and damaging the residence which prompted Husband's counsel to send an email to Wife's counsel that date requesting a telephone conference.

19. Husband has incurred counsel fees of $1,017.50 in pursuing these issues.

20. The Court finds by a preponderance of the evidence that [Wife] is in Contempt of Court and finds beyond a reasonable doubt that she can purge herself of contempt.

AND NOW, this 26th day of October 2021, the Court issues the following relief:

1. [Wife] is in Contempt of Court. She shall pay to [Husband] one half of the value of the pickup truck she traded in. Said one half is $3,750.00 and shall be paid to Husband within 30 days. If she fails to do so upon Praecipe filed by Petitioner’s counsel the Court will convene a hearing to impose sanctions which may include incarceration.

2. [Wife] shall make available to Husband within 10 days, his wallet with the contents intact, his items from the pickup truck being his tools, meter and clothing; as well as the two suitcases and contents of Mr. Confer. If she fails to do so upon Praecipe filed by Petitioner’s counsel the Court will convene a hearing to impose sanctions.

3. Husband shall with law enforcement or constable go to the marital property to engage in an inspection of the residence and to retrieve therefrom his personal items and effects including hunting and other personal clothing. Wife may remain at the residence but shall not interfere with Husband. Husband shall through his counsel notify Wife's counsel as to the date and time he will be coming to the residence and Wife shall fully cooperate.

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4. Wife shall within 20 days disclose in writing all property she has removed, sold, hidden or otherwise disposed of since April 23, 2021 including the date, names of the recipients and funds received for said property. This disclose shall include all marital property she has burned or destroyed. If she fails to do so upon Praecipe filed by Petitioner's counsel the Court will convene a hearing to impose sanctions.

5. Wife shall pay to Husband counsel fees in the amount of $1,000.00 within 30 days. If she fails to do so upon Praecipe filed by Petitioner's counsel the Court will convene a hearing to impose sanctions.

6. The Court hereby reiterates and incorporates the Order of June 15, 2021 that no items of marital property shall be sold, encumbered, destroyed or otherwise disposed of.

When Wife failed to comply with the Court's Order of October 26, 2021, a further hearing to address her resistance was held before the Court on January 31, 2022. The following is an [excerpt] of the Court's Findings, Discussion and Order on that date:

On June 15, 2021[, Wife and Husband] were before the Court with their respective counsel on a Petition for Special Relief and after stipulation of the parties the Court granted the Wife exclusive possession of the marital residence. The Court also directed that all tangible and intangible assets be frozen and not be removed dissipated, sold, or concealed. The Court also Ordered the Wife to provide to the Husband an accounting of the assets that she had dissipated, sold, traded or removed from the residence. Thereafter Wife’s counsel filed a motion to withdraw asserting reasons under the Rules of Professional Conduct and the Wife obtained new counsel.

Subsequently the Husband filed a Petition for Contempt/Petition for Special Relief. The Court convened a hearing on October 21, 2021 with the parties including Wife's new counsel. At that hearing the Court found that the Wife had willfully violated the Courts' Order of June 15, 2021 which froze the marital estate. Specifically the

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Court found that the Wife traded in the marital vehicle, that she had failed to provide her Husband with his wallet and personal items she had in her possession; and failed to disclose the whereabouts of the marital personal property that was removed from the residence.

On October 26, 2021 the Court found the Wife in contempt and Ordered her to pay Husband one-half the value of the marital vehicle in the amount of $3,750.00 within 30 days. The Court also Ordered that Wife provide to Husband his wallet and personal effects within 10 days. The Court also directed that Husband have access to the marital residence to retrieve his clothing and hunting supplies. Additionally, the Court gave the Wife an additional 20 days to disclose to her Husband the whereabouts of the items removed or destroyed including a four wheeler and lawn tractor. Finally the Court Ordered the Wife to pay counsel fees to Husband of $1,000.00 within 30 days. The Court concluded with the statement that if the Wife did not comply with the Order of October 26, 2021 the Court would convene yet another hearing to impose sanction.

Thereafter Wife's second attorney filed a Motion to Withdraw alleging reasons under the Rules of Professional Conduct. At the hearing on November 12, 2021 on the Petition to Withdraw the Court relieved the attorney from representing the Wife. At the conclusion of that hearing Wife indicated that she would not participate further in any hearings and would not provide her address for purposes of receiving mailing.

Due to the Wife's noncompliance with the Court's Order of October 26, 2021 the Husband requested another hearing to discuss the imposition of sanctions upon Wife. In conjunction with a support hearing, the Court held a hearing on December 22, 2021 to address what further sanctions would be imposed upon the Wife. Since incarceration was being considered by the Court, counsel was appointed to represent the Wife in the sanction portion of the hearing.

At the December 22, 2021 hearing, Husband testified that when he went to the residence to retrieve his personal

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property that all of his hunting clothes, dress clothes, winter clothing, several animal mounts, jewelry box and other personal property were gone. He claims that the items are valued at thousands of dollars. Husband testified that none of his Wife’s personal property was missing.

He testified that Wife has not paid him the $3,750.00 being one half the value of the truck; did not disclose the location of or return his wallet and personal effects; or disclose the location of the four wheeler and lawn tractor. Neither had Wife paid the attorney fees she was ordered to pay. Husband testified that Wife has an Edward Jones investment account valued at approximately $30,000.00. Wife has borrowed against or used that money during the marriage.

The Wife testified that much of Husband's personal items in the home were destroyed by water damage and mold and that her friends helped her to remove and discard them. Some of the items she claims she dropped off at a neighbor's residence. Interestingly, the Wife testified that her own personal property remained safe in a secured bedroom. At a prior hearing evidence was offered which showed the Wife burning items at the residence.

She testified that she did not know the location of the four wheeler and lawn tractor which had been removed from the parties' shed. The Wife also testified that she did have her Husband’s wallet but could not locate it now. The Wife has an investment account with Edward Jones containing approximately $28,000 to $30,000 but asserts that she will not give her Husband any money out of that account.

...

The Wife has engaged in a course of conduct of violating the Court’s Order and has indicated that she will not participate in the proceedings. Clearly, she will not comply with any Court Orders. She has had her Husband’s wallet and personal effects in her possession and according to her daughter who testified at a prior hearing, Wife secures these possession on her person at all times. Now the Wife suggests that she simply can't locate the

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wallet and items. The Wife claims that Husband’s personal properly was destroyed by mold and water and had to be discarded by her and her friends. At a prior hearing evidence was offered which showed the Wife burning items at the residence.

Although the Court ordered that all marital assets be preserved, the Wife traded in the marital vehicle and realized a credit of $7,500.00 for the vehicle. The Wife has the financial capacity to comply with the Court’s Order that directed her to pay her Husband one half of [the] value of the truck being $3,750.00. She also has the ability to pay Husband's counsel fees of $1,000.00. Husband has requested additional attorney fees, which the Court will address at the time of the final divorce hearing.

The Court having issued Orders giving the Wife the opportunity to purge herself of contempt and has admonishing her to comply, still Wife refuses. Accordingly the Court will now issue sanctions which will enforce the Court's Order but again give the Wife an opportunity to purge herself of the Contempt.

[Order of February 15, 2022]

AND NOW, this 15th day of February 2022, the Wife, Lucinda Prall shall have 30 days to pay to her Husband, Larry Prall the sum of $3,750.00 for his share of the marital truck and an additional $1,000.00 in attorney fees for a total of $4,750.00. Payment shall be made through Husband's counsel.

If the Wife fails to pay said money, she shall be incarcerated for a period of 60 days or until she has made said payment whichever occurs first. If payment is not received within said 30 days, Wife shall turn herself in to the Potter County Sheriff to begin serving her incarceration. If Wife does not make said payment and fails to report to the Potter County Sheriff, a bench warrant will be issued for her arrest.

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[Wife] again failed to comply with the Court's Order of February 15, 2022 and the Court scheduled yet another hearing to address Husband's Petition for Special Relief and Contempt as well as Wife's Motion for Special Relief and Contempt. All matters were scheduled for a hearing on July 14, 2022. The following is an [excerpt] from the Court's Findings, Discussion and Order:

On June 15, 2021[, Wife and Husband] were before the Court with their respective counsel on a Petition for Special Relief and after stipulation of the parties the Court granted the Wife exclusive possession of the marital residence. The Court also directed that all tangible and intangible assets be frozen and not be removed dissipated, sold, or concealed. The Court also Ordered the Wife to provide to the Husband an accounting of the assets that she had dissipated, sold, traded or removed from the residence. Thereafter Wife's counsel filed a motion to withdraw asserting reasons under the Rules of Professional Conduct and the Wife obtained new counsel.

Subsequently the Husband filed a Petition for Contempt/Petition for Special Relief. The Court convened a hearing on October 21, 2021 with the parties including Wife’s new counsel. At that hearing the Court found that the Wife had willfully violated the Court’s Order of June 15, 2021 which froze the marital estate. Specifically the Court found that the Wife traded in the marital vehicle, that she had failed to provide her Husband with his wallet and personal items she had in her possession; and failed to disclose the whereabouts of the marital personal property that was removed from the residence.

On October 26, 2021 the Court found the Wife in contempt and Ordered her to pay Husband one-half the value of the marital vehicle in the amount of $3,750.00 within 30 days. The Court also Ordered that Wife provide to Husband his wallet and personal effects within 10 days. The Court also directed that Husband have access to the marital residence to retrieve his clothing and hunting supplies. Additionally, the Court gave the Wife an additional 20 days to disclose to her Husband the whereabouts of the items removed or destroyed including a four wheeler and lawn tractor. Finally the Court

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[ordered] the Wife to pay counsel fees to Husband of $1,000.00 within 30 days. The Court concluded with the statement that if the Wife did not comply with the Order of October 26, 2021 the Court would convene yet another hearing to impose sanction.

Thereafter Wife’s second attorney filed a Motion to Withdraw alleging reasons under the Rules of Professional Conduct. At the hearing on November 12, 2021 on the Motion to Withdraw the Court relieved the attorney from representing the Wife. At the conclusion of that hearing Wife indicated that she would not participate further in any hearings and would not provide her address for purposes of receiving mailing.

Due to the Wife’s noncompliance with the Court’s Order of October 26, 2021 the Husband requested another hearing to discuss the imposition of sanctions upon Wife. In conjunction with a support hearing, the Court held a hearing on December 22, 2021 to address what further sanctions would be imposed upon the Wife. Since incarceration was being considered by the Court, counsel was appointed to represent the Wife in the sanction portion of the hearing.

At the December 22, 2021 hearing, Husband testified that when he went to the residence to retrieve his personal property that all of his hunting clothes, dress clothes, winter clothing, several animal mounts, jewelry box and other personal property were gone. He claims that the items are valued at thousands of dollars. Husband testified that none of his Wife's personal property was missing.

He testified that Wife has not paid him the $3,750.00 being one half the value of the truck; did not disclose the location of or return his wallet and personal effects; or disclose the location of the four wheeler and lawn tractor. Neither had Wife paid the attorney fees she was ordered to pay. Husband testified that Wife has an Edward Jones investment account valued at approximately $30,000.00. Wife has borrowed against or used that money during the marriage.

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The Wife testified that much of Husband’s personal items in the home were destroyed by water damage and mold and that her friends helped her to remove and discard them. Some of the items she claims she dropped off at a neighbors residence. Interestingly, the Wife testified that her own personal property remained safe in a secured bedroom. She testified that she did not know the location of the four wheeler and lawn tractor which had been removed from the parties' shed. The Wife also testified that she did have her Husband’s wallet and can’t locate it now. The Wife has an investment account with Edward Jones containing approximately $28,000 to $30,000 but asserts that she will not give her Husband any money out of that account.

...

The Wife has engaged in a course of conduct of violating the Court’s Order and has indicated that she will not participate in the proceedings. Clearly, she will not comply with any Court Orders. She has had her Husband's wallet and personal effects in her possession and according to her daughter who testified at a prior hearing, Wife secures these possession on her person at all times. Now the Wife suggests that she simply can't locate the wallet and items. The Wife claims that Husband’s personal properly was destroyed by mold and water and had to be discarded by her and her friends. At a prior hearing evidence was offered which showed the Wife burning items at the residence.

Although the Court ordered that all marital assets be preserved, the Wife traded in the marital vehicle and realized a credit of $7,500.00 for the vehicle. The Wife has the financial capacity to comply with the Court’s Order that directed her to pay her Husband one half of value of the truck being $3,750.00. She also has the ability to pay Husband’s counsel fees of $1,000.00. Husband has requested additional attorney fees, which the Court will address at the time of the final divorce hearing.

The Court having issued Orders giving the Wife the opportunity to purge herself of contempt and has admonishing her to comply, still Wife refuses. Accordingly

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the Court will now issue sanctions which will enforce the Court’s Order but again give the Wife an opportunity to purge herself of the Contempt.

...

On February 24, 2023, Wife finally paid the $4,750 through her present counsel.

Trial Court Opinion, 9/18/24, at 1-16.

As to the claims of equitable distribution, alimony, and counsel fees, the trial court ordered the following:

Equitable distribution of assets and liabilities:

Except as set forth hereafter, each party shall retain all personal property in his/her name or in his/her possession and shall be solely responsible for any loan or obligation associated with or secured by the said personal property.

The total marital assets are approximately $103,011.80 excluding Husband's retirement account. Included in the total marital asset figure are the items Wife sold, destroyed or otherwise disposed of which were situated at the marital residence valued at $11,000 and the four wheeler and the lawn tractor valued at $4,272. Wife also disposed of $4,000 of Husband's premarital personal property. Wife will be held accountable for these amounts in the equitable distribution award. The Court will direct that $5,500 be withheld from the proceeds from the sale of the residence of $80,226.08 to pay any shortfall due for the sale of the camper which sale is approved at $56,000. This will leave $74,726.00 held in Attorney Larsen's escrow account available for immediate distribution. Husband shall fully exercise control over the trailer to ensure that it is sold and should Wife refuse to execute any closing documents or title, he may execute the documents in her stead.

The Court divides the assets with Wife receiving approximately 55% and Husband receiving approximately 45%. After the camper is sold any remaining proceeds will be

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distributed in the same percentages. The division of assets and debts is as follows:

Since Wife has disposed of the aforementioned marital property inside the residence as well as the four wheeler and tractor totaling $15,275 she will be accountable for these items and will pay Husband 45% of their value or the sum or $6,873.75. She will also be accountable for entirety of Husband's premarital assets she destroyed valued at $4,000.00. Accordingly Wife owes to Husband for his portion of the marital assets and his premarital assets the total sum of $10,873.75.

Wife will retain the jointly owed Edward Jones account valued at approximately $5,160.37 and Husband shall retain his firearms valued at $2,350.00.

As to the marital debt totaling $24,378.83 Wife shall be responsible for 45% or $10,970.47 while Husband is responsible for 55% or $13,408.56. Accordingly, Husband will be solely responsible for his $10,000 personal loan and shall pay to Wife $3,408.56. Wife shall be solely responsible for her Discover Card of $6,800 and her medical bills of $7,578.53.

Accordingly, Attorney Patrick Larsen is directed to distribute from his escrow account the real estate proceeds of $74,726.00 as follows:

To Wife 55%: $41,009.30 (gross amount due) - $ 10,873.75 (husband's share of missing marital and premarital property) + $3,408.56 (husband's share of marital debt owed to wife) $33,634.11 (net amount due wife)

To Husband 45%: $33,626.70 (gross amount due) + $ 10,873.75 (husband's share of missing marital and premarital items) - $ 3,408.56 (husband's share of marital debt) $41,091.89 (net amount due husband)

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J-S15004-25

As to that marital portion of the Husband's Tyco Electronic Pension Plan . . . Wife shall receive 55% of the marital portion of Husband's monthly benefit, together with any costs of living increases. The Court did not consider Wife's survivorship benefit value which could have reduced this benefit. Husband's attorney shall ensure that an QDRO is prepared to disburse the benefit to Wife with the costs equally shared between the parties.

The parties will execute any and all documents, titles and the like to effectuate the provisions of this agreement.

The parties will indemnify, defend and hold the other harmless from any claims made against the other party for indebtedness to be assumed hereunder.

Alimony:

Alimony will be awarded to Wife in the sum of $300.00 per month for two years which shall terminate in the event of Wife's death, cohabitation with a member of the opposite sex, or remarriage. The first payment will be due 30 days from today's date. In determining the amount of alimony the Court did not consider in the calculation any portion of the Husband's retirement benefit. Spousal/APL has been addressed under a separate Order and will be deemed terminated effective this date after all arrears have been paid by Husband.

Counsel fees, costs and expenses:

Due to the minimal assets and income as discussed above, there will be no award to either party for counsel fees, costs or expenses.

Trial Court Order, 9/18/24, at 22-24.

Wife filed a timely notice of appeal from the trial court’s September 18, 2024 order. She raises seven issues to this Court:

1. Did the Trial Court err in failing to consider the factors of alimony set forth in 23 Pa.C.S.A. § 3701(b) and failing to award Wife permanent alimony?

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J-S15004-25

2. Did the Trial Court abuse its discretion or err as a matter of law in denying Wife an award of attorney's fees?

3. Did the Trial Court err as a matter of law or commit an abuse of discretion in distributing the marital property considering the factors of equitable distribution set forth in 23 Pa.C.S.A. § 3502?

4. Did the Trial Court err in calculating Wife's alimony award in the sum of $300.00 per month taking into account Husband's income and Wife's income?

5. Did the Trial Court err as a matter of law or commit an abuse of discretion in failing to account for the assets which remained in Husband's control in the amount totaling $22,176.00?

6. Did the Trial Court err as a matter of law or commit an abuse of discretion in not awarding Wife credit for the $10,000.00 of her inheritance she used towards the camper?

7. Did the Trial Court err in not considering all of Wife's medical bills and her medical needs in the future?

Wife’s Brief at 4-5.

We have reviewed the briefs of the parties, the relevant law, the certified record, and the opinion of the able trial court judge, the Honorable Stephen P.B. Minor. We conclude that Appellant is not entitled to relief in this case, for the reasons expressed in President Judge Minor’s September 18, 2024 opinion and order. Therefore, we affirm on the basis of President Judge Minor’s able opinion and order and adopt them as our own. In any future filing with this or any other court addressing this ruling, the filing party shall attach a copy of President Judge Minor’s September 18, 2024 opinion and order.

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Order affirmed. Jurisdiction relinquished. Husband’s request for attorneys’ fees under Pennsylvania Rule of Appellate Procedure 2744 denied.

5/21/2025

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Circulated 04/22/2025 02:17 PM Received 11/19/2024 11/1912024 10:20:13 PM Superior Court Western District

Filed 11/19/2024 10:20:13 PM Superior Court Western District 1272 WDA 2024

PRALL LUCINDA PRALL PR.ALL ::IN COURT OF IN THE COURT OF COMMON COMMON PLEAS PLEAS Plaintiff Plaintiff Plaintiff ·OF :·OF PENNS YI,VANIA OF POTTER COUNTY, PENNSYI PENNS YI,VANIA bVANIA X 0 0 g}g} Vs. Vs. Vs. :No. ::No. 3529 0f2021 No. 3529 0f2021 of 2021 -Q r a = = ·· ¢% ¢% g

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PRALL LARRY PRALL PRALL Defendant Defendant CIVIL :CIVIL CIVIL D1vs1oN DIVISION -DrvoRcE —DIVORCE rn 0 nx c > > Co r r z g@ g@ zn 0 0 FT -4( -•C n N 0J 0J `*✓ OF FACT, FINDINGS OF FACT, DISCUSSION DISCUSSION AND AND ORDER ORDER a ORDER & N (/2 _° OF FACT FINDINGS OF FACT

matter comes This matter comes before before the the Court on on the the Plaintiff Plaintiff Lucinda Lucinda Prall's Complaint Complaint for for

Distribution, Alimony Equitable Distribution, Divorce, Equitable Alimony and and Counsel Counsel Fees. Fees. At At the the time time of of the the hearing, hearing,

Lucinda Prall, Plaintiff, Lucinda the Plaintiff, Prall, (hereinafter sometimes referred (hereinafter sometimes referred to to as as "Wife") "Wife") was was 59 59 years

and resided age and of age resided in in Punta Punta Gorda, Gorda, Florida. Florida. The The Defendant, Defendant, Larry Larry Prall, Prall, (hereinafter

referred to sometimes referred as "Husband") to as is 73 "Husband") is 73 years years of of age age and and lives lives with with his his daughter daughter in in

The parties Pennsylvania. The Fairfield, Pennsylvania. Pennsylvania. were married parties were married on on August August 2, 2, 1986 1986 and separated on on

April 2021. Both 23, 2021. April 23, Both parties had previously parties had been married, this previously been this being their second being their second

marriage. The Plaintiff has marriage. The has an an adult adult daughter from aa daughter from fiom a previous previous relationship, relationship, whom whom

Husband and the adopted, and Husband adopted, the Husband Husband has has two two other adult daughters other adult daughters from from aaaprevious previous

They have no relationship. They no children children together. together.

education and Wife's education and training includes being training includes being aa a licensed licensed cosmetologist, an LPN cosmetologist, an LPN

medical transcriptionist. and medical Wife was transcriptionist. Wife was employed with Giant employed with Giant Food Food Markets, Markets, which which ended ended

she suffered when she suffered an injury. She received injury. She received aaaworker's worker's worker ' compensation settlement scompensation settlement from from

in June Giant in June 1998 1998 in in the the amount amount of of $47,500. of $47,500. Presently Presently Wife's Wife's income income consists consists of social social

benefits of disability benefits security disability of $1,125 of $1,125 a month $ 1,125 a a month but but must must purchase the Medicare purchase the Medicare benefit benefit at at

month. Wife's per month. $174.76 per Wife's net net income income is is approximately approximately $950 approximately $950 per per month. month.

Wifereceived Wife receivedananinheritance inheritancefrom hermother's fromher mother'sestate estateofof$ 25,000 whichwas $25,000which was

placedininananEdward placed EdwardJones investmentaccount Jonesinvestment accountononororabout December31, aboutDecember 2016.See 31,2016, See

Defendant'sExhibit Defendant's 41.InInthe Exhibit41. theEdward EdwardJones Jonesstatement statementdated datedSeptember 2021 20,2021 September20,

throughOctober through October29, 29,2021 theaccount 2021the valuewas accountvalue was$ 28,140. Wifeclaims $28,140.Wife thatshe claimsthat has shehas

expended EdwardJones expendedallallofofEdward Jonesfunds thistime; fundsatatthis time;however, Wifepresented however,Wife presentednonoevidence evidence

indicatingthat indicating theaccount thatthe hasbeen accounthas beendepleted. depleted.

Wife hasaamyriad Wifehas myriadofofmedical issues,which medicalissues, arelisted whichare listedon onPlaintiffs Plaintiffs ExhibitAAand Plaintiff'sExhibit and

aversthat avers sheisispresently thatshe presentlyunable unabletotowork. Wifetestified work. Wife testifiedthat thatshe shehas hasunpaid medical unpaidmedical

hills billsininthe bills amountofof$7,578. theamount $7,578. She Shereports reportsshe onnumerous sheisison numerousmedications medicationssome someofof

whichare which arenot notcovered coveredby anyinsurance. byany insurance. Wife Wifehas hashad hadthree threeback backsurgeries. Wifehas surgeries. Wife has

Medicareparts Medicare andBBwhich partsAAand shepays whichshe pays$$174.76 month. permonth. 174.76 per

Husband was Husband wasemployed withTyco employed with Electronicsfrom TycoElectronics December of from December of1968 1968through through

retirementininJanuary retirement Januaryof of 1999 1999where wherehe heearned earneda apension. Thirteenyears pension.Thirteen ofhis yearsof his pension pension isis

deemed marital. deemed marital.Husband's Husband's monthly retirement benefit monthlyretirement benefit isis $$599.91. Atthe 599.91. At timeof thetime ofhis his

retirement, Husband made retirement,Husband made an election totoprovide anelection his Wife providehis Wifewith witha 100% a 100% l 00%irrevocable irrevocable

survivorbenefit survivor benefitwhich whichwould wouldprovide herwith provideher withthe samebenefit thesame benefitofof$$599.91 his uponhis 599.91 upon

passing. This passing. Thiselection electionmeant meantthat Husband received thatHusband received a a reduced reduced monthly monthly benefit benefitthan thanififhad had

made anelection made an election toto give his Wife givehis Wife less less than than the the 100% I 00% survivor survivorbenefit. benefit. According According to to

GROUP evaluation QDRO GROUP QDRO evaluation contained contained in in Defendant's Defendant's Exhibit Exhibit 34, 34, and andthe the testimony testimony of ofthe the

pension appraiser pension appraiser Lance Melin, the Lance Melin, the marital marital portion ofthe portion of the retirement retirement benefit benefit was was valued valued atat

$29,061.96 with $29,061.96 with Wife's Wife's portion portion of ofher her survivor survivor benefit benefit valued valued at at $$18,906.61. 18,906.61. If Wife IfWife

receives 50% receives ofthe 50% of the marital marital portion ofthe portion of the retirement retirement benefit benefit without without any any offset of her offset of her

benefit, she survivorship benefit, survivorship will receive she will receive $$128.80 month of per month 128.80 per Husband's monthly of Husband's monthly benefit benefit of of 2

$599.91. Husband incurred expert fees in the amount of of $1,700 $ 1,700 in having the pension

evaluation prepared and the expert Lance Melin testify.

Husband also receives social security benefits in the amount of of $2,681.90 per

month. Deducted from that benefit is the sum of of $164.90 $ 164.90 for Medicare insurance. He also

approximately $270.00 pays approximately $ 270.00 for supplemental insurance and and $41.00 for Part B B benefit.

Accordingly, after payment of Medicare and supplemental insurance Husband's net

social security benefit is is $2,206.00. $2,206.00.

Husband takes ten medications as he has had health issues including aastroke in 2012 and is under the care of aavascular surgeon. He has one carotid artery.

The current spousal support order for Wife is dated October 18, 2023. In that Order Husband's Social Security and retirement were used in establishing the spousal support amount. The Order provided that spousal support should be $624.81 however,

was reduced to $306.55 $ 306.55 with the understanding that Husband was paying marital

obligations while Wife was residing in the camper. There is an appeal from that Order which will be addressed in separate Order in the Domestic Relations Division at 12 of 2021.

The parties own a amarital residence in Potter County and aaseasonal residence in

Florida. The Florida residence is a acamper which was purchased on October 22, 2020 for

$71,213. Wife contributed $10,000 $ 10,000 from her inheritance money and the parties borrowed

$66,247 from the Bank of the West with aamonthly payment of of $516.52. $ 516.52. See Defendant's

Exhibit G. Wife claims that Husband agreed to repay her the $10,000 $ 10,000 she contributed to the

purchase. The parties would spend the winters in the camper from October through March

and the rest of the year at their residence in Potter County. Wife testified that after the 3

parties separated parties separated that that she she paid the lot paid the lot rent rent and and insurance insurance on on the the camper camper for for three three years. years. Wife Wife

possession of the camper since the date of separation has had exclusive possession separation of April April 23, 2021 202 L

while Husband while continued to Husband continued make the to make the loan loan payment on the payment on camper. Husband the camper. Husband testified that testified that

Wife paid Wife paid the the lot lot rent rent for for 2022 2022 and and 2023 2023 and and that that he he paid the insurance paid the insurance on on the the camper since since

July 2022. July 2022.

The parties The parties had had attempted attempted to to sell sell the the camper camper and and as as of of the the date date of of the the opinion opinion in in this this

matter have matter have an an offer offer for for $56,000, which which isis less less than than the the payoff. payoff. By stipulation and By stipulation and Order of Order of

Court dated Court dated May 7, 2024, May 7, 2024, they they had had agreed agreed to to sell sell the the camper camper for for $$57,000 and use 57,000 and use some some of of

the proceeds the proceeds from from the the sale sale of of the the marital marital residence residence to to pay any deficiency, pay any deficiency, As As of of March March 1,1,

2024, the 2024, parties owed the parties owed $$60,831 to Bank 60,831 to Bank of ofthe West for the West for the the camper. See Plaintiff camper. See Plaintiff's Plaintiffs Exhibit s Exhibit

H. Previously, I-I. Previously, Husband Hus band had had attempted attempted to to sell sell the the camper camper and and incurred incurred advertising advertising fees fees of of

$220. Husband $220. Husband continues continues to pay the to pay the loan loan on the camper on the until itit isis sold. camper until sold.

Wife claims Wife claims that that she vacated the she vacated the camper on January camper on January 5, 2024; but 5, 2024; but still resides in still resides in

the camper the park with camper park with another another individual individual without without any any expense expense or or fee fee to to her. her. Defendant's Defendant's

Exhibits 1 and Exhibits 1 and 2 are photographs 2 are taken after photographs taken after January January 5,5, 2024 2024 and show the and show the interior interior of of

the camper the camper filled filled with with personal property. When personal property. When questioned questioned whether whether she she lives lives with with

Charles Walter, Charles Walter, she she testified testified that that she she never never stays stays overnight him and with him overnight with sleeps at and sleeps at

another undisclosed another undisclosed location. location.

The parties The parties owned owned a a marital residence at marital residence at 27 27 Watson Fann Road, Watson Farm Road,Austin, Austin,

which was Pennsylvania, which Pennsylvania, was sold on January sold on January 29, 29, 2024. The net 2024. The net proceeds of$$80,226.08 proceeds of are 80,226.08 are

held inin the being held being the escrow escrow account account of the closing ofthe closing attorney attorney and and will will be be distributed distributed herein. herein.

See Exhibit See Exhibit Plaintiff's Plaintiff's F-1. F-1. F-I.

The parties The parties had had a a2010 GMC pickup 2010 GMC GM truck which pickup truck which Wife Wifewas was in inpossession ofwhen possession of of when

4 4

.- .--

theparties the partiesseparated. separated.InInviolation violationofofthe theCourt's Court'sOrder Order(to(tobebediscussed below),ononoror discussedbelow),

about July2021 aboutJuly 2021she tradedininthat shetraded thatvehicle vehiclefor foraacredit $7,500and creditofof$ 7,500 andtogether withcash togetherwith cash

ofof$ $14,858.24 purchasedaaBuick 14,858.24 purchased BuickEncore. Encore. See Plaintiffs SeePlaintiffs ExhibitK.K. Plaintiff'sExhibit

Sinceseparation Since separationHusband Husbandhas hassolely solelypaid paidthe themortgage mortgageononthe maritalresidence themarital residenceofof

$585.00per $585,00 permonth untilthe monthuntil thesummer summerofof2023. 2023.Husband Husbandalso alsomade theloan madethe loanpayment paymentononthe the

camperofof$ $516.52 camper permonth 516.52 per monthwhile whileWife Wifehad hadexclusive exclusivepossession thecamper possessionofofthe andhehe camperand

hascontinued has continuedtotopay paythat obligation.InInthe thatobligation. theOctober October18, 18,2023 2023support Orderwhich supportOrder whichhas has

beenappealed been appealedthe partieswere theparties weretotosplit theloan splitthe loanpayment onthe paymenton thecamper. camper.ItItisisunknown unknown

whetherthey whether theyhave havecomplied withthat compliedwith directive. thatdirective. Theparties The haveaajoint partieshave jointEdward Jonesinvestment EdwardJones accountwhich investmentaccount onJanuary whichon January2024 2024had hadaa

balanceofof$4,630.37 balance of$4,630.37 andatatthis $4,630.37and timeisisvalued thistime valuedatat$$5,160. 5,160. That fundwas Thatfund wasintended intendedtotobebeused usedtoto

purchaseaavehicle purchase vehicletotoreplace theirtruck. replacetheir truck.Wife Wifehas incurredattorney hasincurred attorneyfees ofapproximately feesof approximately

$16,646.77while $16,646.77 Husbandhas whileHusband incurredattorney hasincurred attorneyfees ofapproximately feesof approximately$$18,411.00. Husband 18,411.00. Husband

testified thathe testifiedthat hadtotoborrow hehad borrowtotopay payhis counselfees hiscounsel feeswhile whilewife wasrequired wifewas requiredtotouse someof usesome ofher her

EdwardJones Edward Jonesaccount. account.Each obtainedan Eachobtained anappraisal ofthe appraisalof themarital residence.Husband maritalresidence. Husbandincurred incurreda afee fee

of$400 of $400for forhis hisappraisal appraisal and andWife Wifeincurred incurreda asimilar similarfee. fee.

Husband has Husband apersonal has a loan which personal loan which was about $$10,000 was about at the 10,000 at time of thetime ofseparation. separation.

He reports I-le that $4,000 reports that ofsaid $4,000 of said money moneywas used for was used for cosmetic cosmetic surgery for his surgery for his Wife. Wife. I-Ie He

claims that claims that there there was about $$41,000 was about in Wife's 41,000 in Edward Jones Wife's Edward Jones account account atat the the time time of ofthe the

ofthe purchase of purchase the camper. Wife testified camper. Wife testified that Husband paid that Husband her $$1,200 paid her from his 1,200 from stimulus his stimulus

check as check as part ofthe part of the repayment ofher repayment of her contribution contribution to the purchase to the purchase of the camper. ofthe camper. The The

have a parties have parties a Discover Discover Card Card in in Wife's Wife's name name which had balance which had at or balance at or near the date near the date of of

ofapproximately separation of separation approximately $$6,800.00. See Plaintiff's 6,800.00. See Plaintiff's Exhibit N. Plaintiffs Exhibit N.

5 \

Wife claims that the impetus behind the parties separation on April 23, 2021 was that Husband had accumulated debt without her knowledge. At that time the parties

were living in the camper in Florida. Wife claims that Husband borrowed $1,200 borrowed $ 1,200 against

her life insurance policy without her consent. He admits that there was aaloan against her insurance policy and that the money was used to pay the lot rent where the camper was parked. Husband claims that the reason for the separation was because Wife had become violent with him and after aaphysical altercation on April 23, 2021 she left the camper in Florida and drove away in the parties' truck. Husband testified that during

kill Husband. Husband provided the fucking kill the altercation Wife said that she would fucking

Court with photos suggesting that his Wife bruised his face during the altercation and he testified that he sought medical treatment at aahospital in York County when he returned to Pennsylvania.

According to Husband when his Wife left the camper, she took his keys, his wallet; as well as his tools and equipment which were in the back of the pickup truck.

Husband (and Husband (and his friend who had been staying with the parties at the camper) retreated

to a ahotel and then eventually returned to Pennsylvania where Husband moved in with

his daughter. daughter, Husband claims that he pays his daughter daughter $400 per month in rent.

Husband has never recovered his wallet, keys or equipment to this day and in prior hearings, Wife denied she ever took the items. However, Wife's daughter, Kristy Briggs testified in an earlier proceeding that her mother was in possession of those items after the parties separated.

After separation Wife also returned to Pennsylvania and to the marital residence

in Potter County and she exclusively resided there from May of 2021 through August 31, 6

2021. 202 claims that Wifeclaims 1. Wife that there there was an electrical was an electrical fire fire atat the residence and the residence so she and so she called the called the

electric company electric company and and requested that they requested that remove the they remove the electric electric service box from service box from the the

property. Wife property. Wife presented presented photographs dated May photographs dated 3,2021 May 3, ofa 2021 of four wheeler afour wheeler and and a a lawn lawn

tractor in tractor in a a shed shed on onthe the property. She also property. She also has has presented presented photos ofitems photos of items in the residence. in the residence.

Many of Many ofthese these items items have have come come up since Wife missing since up missing was at Wife was at the the residence. residence. No No photos photos

were presented were presented to to the the Court Court which were taken which were near the taken near time she the time left the she left the premises in premises in

Wife claims August. Wife August. claims she she bought bought the the four four wheeler from her wheeler from her previous previous settlement; settlement; however however

Husband testified that Husband testified that they they had two other had two other four four wheelers that they wheelers that had bought they had with her bought with her

settlement but settlement but that that those those had had been been sold sold before before the the subject subject four wheeler was four wheeler was purchased. purchased.

Court Order By Court By dated December Order dated December 2, 2021, Husband 2, 2021, Husband was was given the right given the to return right to return

to the to the marital marital residence to make residence to sure that make sure that itit was winterized before was winterized cold weather before cold ensued. weather ensued.

Husband claims Husband claims that that he he had had been been to to the residence two the residence times in two times in 2021. 2021. On On the the first first occasion occasion

he observed he observed the the four four wheeler wheeler and lawn mower and lawn mower i in ntthe shed, he s but when hed, but when he he returned returned the the

second time second after Wife time after Wife had had been been at at the the residence, residence, these these items items were were missing. missing. Wife denies missing, Wife denies

that she that she had had anything to do anything to do with with the the removal removal of these items. of these in Wife's However in items. However Wife's sole sole Edward Edward

Jones account Jones account statement statement dated dated September September 25 25 through through October October 29, 29, 2021 2021 (Defendant's Exhibit (Defendant's Exhibit Exhibit.

441) 4 there is 1I)) there is a a deposit into her deposit into account of her account of $4,000 $4,000 and and one one month month later later an an additional additional deposit deposit

$5,797.90 added to her account for a of $9,797.90. Wife provided no testimony or a total of

accumulate these funds, however to how she was able to accumulate evidence as to however she has continually

ofincome claimed that she had no source of for her social security and spousal support. income but for support.

Wife has not been credible in this hearing and other proceedings. The Court believes that Wife removed and sold items from the residence and that these funds deposited into her

Edward Jones account logically came from the sale of the items removed from the residence. 7

Defendant Exhibit 29 indicates that the value of the missing lawn mower is $775 $ 775 and Exhibit

31 establishes a a value for the four wheeler at $3,500. $ 3,500.

After Husband entered the residence he found that the roof needed repair and the

a claim to State Farm for repair of the roof electric had been disconnected. He made a

a check in the amount of and the insurance company issued a of $1,983.05. $ 1,983.05. See Defendant's

Brumbach's Carpentry to repair the roof for ofBrurnbach's Exhibit 15. He retained the service of

borrowed $$6,035.28 $4,700. See Defendant's 17. On November 3, 2022, Husband borrowed 6,035.28 to

cover the cost of ofrepairs repairs to the residence. See Defendant's Exhibit 18.

According to Husband when he returned to the house to make the repairs, the

Exhibit 20 property in the residence had been removed. Defendant's Exhibit majority of the personal property

ammunition, bear rugs, animal mounts, tools, clothing and many other indicates that ammunition, other items were

items at $27,444.76, with gone. Husband values these items with $$6,822 being premarital 6,822 being premarital assets of his.

See Defendant's See Exhibit 20. The Court being the fact finder finds these figures to Defendants Exhibit to be

inflated and determines that the value of the marital assets removed or destroyed to be Wife

to be to be $$15,275 15,275 ((including wheeler and four wheeler including four and tractor) and value tractor) and value of of Husband's Husband's premarital assets premarital assets

to be to be $4,000.

Husband did Husband did find find some some firearms firearms owned owned by Wife's father by Wife's father and and he he gave gave them them as as well well

as a as a gun gun cabinet and antique cabinet and antique desk to his desk to his Wife's Wife's daughter daughter Kristy Kristy Briggs for delivery Briggs for to Wife. delivery to Wife.

Wife claims Wife claims that that there there were were numerous firearms at numerous firearms at the the residence residence while Husband claims while Husband claims there there

were six were six and and which which he he had had appraised. Husband provided appraised. Husband an appraisal provided an of six appraisal of six firearms. firearms. See See

Defendant's Exhibit Defendant's Exhibit 43. 43. He He claims claims that that the the last two on last two the list on the list were were premarital. premarital. The The

value of value of the the four four firearms firearms which which are are marital marital is is $$2,350. 2,350.

Wife has Wife has failed failed to to comply with this comply with this Court' Court' Order Order on several occasions on several and has occasions and has

8 8

-·-·--- ·--------------------------�

notbeen not beencredible credibleininher hertestimony. testimony.To Toprovide contextand providecontext andhistory, history,the theCourt Courthas has

providedherewith provided herewiththe theprior priorFindings andOrders Findingsand Ordersininthis thismatter: matter:

OnJuly On July26, 26,2021, 2021,Husband Husbandfiled filedaaPetition Petitionfor forSpecial SpecialRelief Reliefand andContempt Contempt

averringthat averring thatWife Wifehad hadfailed failedtotocomply withthe complywith theCourt's Court'sOrder Orderof ofJune June 15, 2021 which 15,2021 which

wasreached was reachedby by an anagreement agreementof ofthe theparties andrequired partiesand thatthe requiredthat theassets assetsbe befrozen. frozen.The The

matterswere matters werescheduled scheduled for fora ahearing hearingon onOctober October21, 21, 2021. 2021. The Thefollowing following isisan anexert exert

fromthe from theCourt's Court's Findings andOrder Findingsand Order inin that thatmatter: matter:

1.1. This Thismatter mattercomes comesbefore before thethe Court Courton onthe thePetitioner PetitionerLarryLarryA.A. Prall's Prall's (hereafter (hereafter sometimesreferred sometimes referredtotoas as "Husband') "Husband") Petition Petitionfor forContempt/Petition Contempt/Petitionfor forSpecial Special Reliefagainst Relief againsthis hisspouse, spouse, the the Respondent, Respondent, Lucinda Lucinda Prall. Prall. 2.2. The Theparties partieswere were married marriedon onAugust August2,2, 1986 1986and andseparated separatedon on ororabout aboutApril April23,23, 2021. 2021, 3.3. By Bywaywayof history, the ofhistory, theparties reside at parties reside at2727 Watson Watson FarmFarm Road, Road, Coudersport, Coudersport, PotterPotter County, Pennsylvania but would travel to Florida for part of the year. County, Pennsylvania but would travel to Florida for part of the year 4.4. While While living seasonally ininFlorida, livingseasonally Florida, the theparties partieswouldwouldreside reside inina a camper. camper. DueDue thethe small size of the camper, they would store some of their items locked up in the back small size of the camper, they would store some of their items locked up in the backofof their pickup. The pickup is a 2020 GMC Sierra which their pickup. The pickup is a2020 GMC Sierra which is titled in Wife's name but was is titled in s Wife name but was purchasedduring purchased duringthe the marriage marriage and andisis a a marital maritalasset. asset. ItIt isis the the only only vehicle vehicle thetheparties parties owned. owned. 5.5. In In April April of of2021 2021 the theparties, parties, and andtheir theirfriend, Clarence Confer friend, Clarence Confer were were atat the the residence residence in Florida in Florida when when Husband Husbandand and Wife engaged in Wife engaged in an an argument, argument. Mr. Mr. Confer Confer andand Husband had Husband haditemsitems ofpersonal ofpersonalproperty property in in the thepickup truck. Wife pickup truck. Wife retrieved Husband's Wife retrieved Husband's wallet and drove with the truck wallet and drove off with the pickup truck containing the aforesaid property of off pickup containing the aforesaid property of Husband and Husband andMr. Mr. Confer. Confer. Husband Husband had requested of hadrequested ofWife that he Wife that he be be allowed allowed to to retrieve the retrieve thepersonal personalpropertyproperty in in the the truck truck andandrequested requested the- thereturn return ofofhis his wallet. Wife wallet. Wife refused these refused these requests.requests. 6. Inside 6. Inside thethe bed bed of the truck ofthe truck where where two suitcases of two suitcases ofMr Mr. Confer Confer which which contained containedhis his clothing, hearing aids, mail and clothing, hearing aids, mail and amilitary patch. a military patch 7.7. Also Also contained contained inside inside the the bed bed of the truck ofthe truck were were Husbands' Husband's tools, tools, Direct Direct TVTVmeter meter andand clothing. clothing. 8. After 8. After thethe altercation altercation between between Husband Husband and Wife on and Wife on April April 23, 23, 2021, 2021, Husband Husband and and Mr, Mr. Confer fled the Florida residence and returned Confer fled the Florida residence and returned to Pennsylvania. to Pennsylvania. 9. On 9. On June June 3, 3, 2021 2021 Wife drove the Wife drove the pickup truckfrom Florida pickup truckfrom Florida to to the the residence residence of ofthe the parties' daughter parties'daughter in Dover Pennsylvania. At that time Wife in Dover, Pennsylvania. Al that time Wife left amessage on left a message on Husband's phone Husbands' phone that that she she was was at at the the residence residence and and wanted wanted to to deliver deliver to to him him his his Husband was property. Husband property. was notnot atat the the Dover Dover residence residence at at that that time time andand his his property property was was not left not le.fl there by left there by Wife. Wife. 10. The 10. The parties'daughter parties ' daughter Kristy Kristy Briggs testified that Briggs testified that she she received received a a phone phone callcallfrom from herher mother on mother on June June 3, 3, 2021 2021 wherein wherein her her mother mother recounted recounted that that sheshe was was atat the the Dover Dover

residenceand residence andhad hadwithwithher herthetheaforesaid aforesaidsuitcasessuitcasesand andHusbands' Husband'sitems items from Florida. fromFlorida. WfeWifeadvised advisedMs. Ms.Briggs Briggsthatthatshe shewas parkedininafield wasparked a fieldand andsurveilling surveillingthe theresidence residence binoculars withbinoculars with forseveral for severalhours. hours. DespiteDespiteMs. Ms.Briggs suggestionthat Briggssuggestion thatWife leavethethe Wifeleave items on the porch and depart the items on the porch and depart the residence, Wife refused. residence, Wife refused. 11.Ms. 11. Ms.Briggs Briggshas hasseen seenher hermother motherwith with fathers' s father swalletwalletononseveralseveraloccasions occasionsincluding includinginin May or June 2021 and testified that mother May or June 2021 and testified that mother carries the wallet and Husband's carries the wallet and Husband's documentswith documents withherheratatallalltimes timesininaabag. bag. bag, 12. In May of 2021 Ms. 12. In May of 2021 Ms. Briggs was at the residence Briggs was at the residenceininCoudersport Coudersporttotovisit visitwith withher her mother and observed that the parties'four wheeler and lawnmower was present onon mother and observed that the parties'four parties' four wheeler and lawnmower was present thetheproperty. property.Ms. Ms.Briggs Briggsalso alsoobserved observedthat thather hermother motherhad hadremoved removedaastorm stormdoor door from the residence. Ms. Briggs Briggs believes that her her from the residence. Ms. Briggs believes that her mother has been " actitsg crazy" mother has been been "acting "acting crazy" whichisismother which mother s'• 'snew mother's newnormal. normal. 13. On June 15, 2021 13. On June 15, 2021 ahearing was a hearing wasscheduled scheduledononHusband's Husband's HusbandPetition PetitionforforSpecial SpecialRelief.Relief. Relief .4t that time the parties entered into an agreement which was approved as an Order of At that time the parties entered into an agreement which was approved as an Order of Court same day. time the Court directed Court that same day. At that time the Court directed that all assets of the parties Cort that At that that all assets of the parties wold wouldbebe' frozen would "frozenand andnot notremoved, removed,dissipated, dissipated,sold, sold,concealed concealedininany anyfashion fashionbut butfor for normal living normal living expenses. "expenses." I4.On 14. Onororabout aboutJuly July9,9,20212021Wife tradedininthe Wifetraded theaforesaid aforesaidpickup pickuptrucktruckatatthe theShult's Shult'sauto auto dealership in an, Olan, dealership in Olran, New York for New York $7,500.00 and for$ 7,500.00 and purchased another purchasedanother vehicle in hervehicle in her ownownname. name.The Thepickup pickuptruck truckwas wasnot notencumbered encumbered.By Bytrading tradingininthe thepickup pickuptruck,truck, WifeWife violated the June 15, 2021 violated the June 15, 2021 Order of Court. Order of Court. 15.Husband 15. Husbandpresented presentedaarecent recentphotograph photographfrom fromWife'sWife's'sFacebook Wife Facebookaccount accountwhich which appearstotobebeafire appears a firewherein photographsorordocuments whereinphotographs documentsare arebeing burned.Husband beingburned. Husband believes that some of the items in the fire were from his wallet. He testified that believes that some of the items in the fire were from his wallet. He testified thatinside inside his wallet was his driver driver s license, credit cards, insurance his wallet was his driver's license, credit cards, insurance cards; as well as amedical cards; as well as a medical noticecard. notice card 16. Husband 16. Husband recently recentlydrove drovepastpastthe theresidence residenceand andobserved observedthat thatthe thestorm stormdoor doorwas was removed; decking from the porch was missing and removed; decking from the porch was missing and there appeared to be leak on the there appeared to be leak on the roof. He also could not find the four wheeler and roof. He also could not find the four wheeler and tractor that had been in the shed tractor that had been in the shed Husbandwas Husband wasadvised advisedthat thata atruck truckbearing bearingNew New York licenseplate Yorklicense platerecently retrieved recentlyretrieved the tractor and the tractor and four wheeler fourwheeler from the residence. It is not known fromthe residence. It is not known if these items were if these items were removedfrom removed fromthe theresidence residencebefore before or orafter afterthe the Courts CourtsJune June 15, 2021 Order. 15, 2021 202I Order 17. Husband expressed concerns that Wife will 17. Husband expressed concerns that Wife will soon be returning to Florida for soon be returning to Florida forthethe winterand winter andthe the house house could couldbe be left vacantand left vacant andnot notwinterized, winterized, He believesthat He believes that deteriorationcan deterioration canalready alreadybe seenfrom beseen from the the missing missingstorm storm door,door, missing missingdeckingdeckingand and leak on the roof. He requests access to the residence leak on the roof. He requests access to the residence to inspect and to arrange for to inspect and to arrange for winterization. winterization. 18. 18. On On or or about September 23, aboutSeptember 23, 2021 2021 Husband Husbandalerted alertedhis his counsel counsel that Wife was that Wife wasselling selling property and damaging the residence which property and damaging the residence which prompted Husband's counsel to sendprompted Husband's counsel to sendan an email to Wife's counsel that date requesting email to Wife's counsel that date requesting atelephone conference. a telephone telephone conference. 19. Husband 19. Husband has has incurred incurred counsel counselfees fees of of$$1,017.50 1, 017.50 in inpursuing pursuingthese these issues. issues. 20. The Court finds by apreponderance of the evidence that Lucinda Prall isis in 20. The Court finds by a preponderance of the evidence that Lucinda Prall in Contempt Contempt of and finds beyond a reasonable doubt that of Court andfinds beyond areasonable doubt that she can purge herself of contempt. Court she can purge herself of contempt.

AND NOW, AND NOW, AND this 26th NOW, this 26th day day of October 2021, ofOctober 2021, the the Court Court issues issues the thefollowing following relief: relief:

1. The Respondent Lucinda Prall is in Contempt of Court, She shall pay to Larry Prall one half of the value of the pickup truck she traded in. Said one half is $3,750.00 $ 3,750. 00 and shall be paid to Husband within 30 days. Ifshe Ifshe fails to do so upon Praecipe filed by Petitioner's's counsel the Court will convene a Petitioner a hearing to impose sanctions which may include incarceration. incarceration, 2. The Respondent Lucinda Prall shall make available to Husband within 10 days, his wallet with the contents intact, his items from the pickup truck being his tools, meter and clothing; as well as the two suitcases and contents ofof Mr. Afr. Confer. Ifshe fails to do so upon Praecipe filed by Petitioners' Petitioner 's counsel the Court will convene aahearing to impose impose sanctions.

3. Husband shall with law enforcement or constable go to the marital property to engage in an inspection of the residence and to retrieve therefrom his personal items and effects including hunting and other personal clothing. Wife may remain at the residence but shall not interfere with Husband. Husband shall through his counsel notify Wife's Wife ' counsel as to the date and time he will be coming to the residence and Wife shallfolly fully cooperate. 4. Wife 1 ,Vife shall within 20 days disclose in writing all property she has removed, sold, hidden or otherwise disposed ofof since April 23, 2021 including the date, names of of the recipients andfunds and funds receivedfor said property. property This disclose shall include all marital property properly she has burned or destroyed. ! fshe fails to do so upon Praecipe filed If Petitioner s counsel fled by Petitioners the Court will convene a a hearing to impose sanctions. 5. Wife JVtfe shall pay to Husband counsel fees in the amount of of $], 000.00 within 30 days. If 1,000.00 she fails to do so upon Praecipe fled Petitioner's's counsel the Court will convene a filed by Petitioner a hearing to impose sanctions. 6. The Court hereby reiterates and incorporates incot porates the Order ofJune 15, 2021 that no items ofmarital of. ofmarital property shall be sold, encumbered, destroyed or otherwise disposed of When Wife failed to comply with the Court's Order of October 26, 2021, aafurther

healing to address her resistance was held before the Court on January 31, 2022. The following hearing

is an exert of the Court's Findings, Discussion and Order on that date:

On June 15, 2021 the Plaintiff, Plaintiff, Lucinda Prall (hereafter sometimes referred to as "Wife ") and Defendant, Larry Prall "Wife") Prall (hereafter sometimes referred to as "Husband "Husband") ") were before the Court with their respective counsel on a aPetition for Special Relief Reliefand and after stipulation of af the parties the Court granted the Wife exclusive possession of the marital residence. The Court also directed that all tangible and intangible assets be frozen and not be removed dissipated, sold, or concealed. The Court also Ordered the Wife to provide to the Husband an accounting of of the assets that she had dissipated, sold, dissipated, .sold, traded or removedfrom the residence. Thereafter Wife's counsel filed a a motion to under the Rules of withdraw asserting reasons tinder of Professional Conduct and the Wife obtained new counsel. counsel,

Subsequently the Husband Subsequently the Husbandfiled filed a Petitionfor a Petition for Contempt/Petition Contempt/Petitionfor for Special Special Relief. The Relief. The Court Court convened convened a hearing on a hearing on October 21, 2021 October 21, 2021 with with the theparties parties including including Wife 's new Wife's new counsel. counsel. At At that that hearing hearing the the Court Courtfound found that that the Wife had the Wife had willfully willfully violated violated the the Courts' Courts Order Court' Order of ofJune June 15, 15, 2021 2021 which whichfroze froze the the marital marital estate. estate. Specifically Specifically the the Court Court found that found that the Wife traded the Wife traded inin the the marital marital vehicle, vehicle, that that she she had hadfailed failed toto provide her provide her Husband Husband withwith his his wallet wallet and andpersonal personal items items she she had had inin her herpossession; possession; and andfailed failed to to disclose disclose the whereabouts of the whereabouts ofthe the marital maritalpersonal personalproperty property thatthat was was removed removedfromfrom the the residence. residence.

On On October October 26,26, 2021 2021 the the Court Courtfound found the the Wife Wife in in contempt contempt and and Ordered Ordered herher to to Husband one-half pay Husband pay one-halfthe value of the the value the marital marital vehicle vehicle in in the amount of the amount of$$3,750.00 within 3,750. 00 within 30 30 days. days. The The Court Court also also Ordered Ordered that that Wife Wife provide provide to to Husband Husband his his wallet wallet and andpersonal personal effects effects ivithin within 1010 days. days. The The Court Court also also directed directed that that Husband Husband have have access access to to the the marital marital residence residence toto retrieve retrieve his his clothing clothing and and hunting hunting supplies. supplies. Additionally, Additionally, the the Court Court gave gave the the Wife an Wife an additional additional 2020 days days toto disclose disclose to to her her Husband Husband the whereabouts of the whereabouts ofthe the items items removed or removed or destroyed destroyed including including a afour and lawn wheeler and four wheeler lawn tractor. Finally the tractor. Finally the Court Court Ordered the Wife to pay Ordered the Wife to pay counsel fees to Husband of$1,000.00 counsel fees to Husband of $1,000.00 within 30 days. The within 30 days. The Court Court concluded concluded with with the the statement that if statement that ifthe the Wife Wife did did not not comply comply with with the the Order Order ofof October October 26, 2021 26, 2021 the the Court Court would would convene convene yet another hearing yet another hearing to to impose sanction. impose sanction.

Thereafter Thereafter Wifes' s second attorney Wife second attorneyfiled filed aa Motion Motion to to Withdraw Withdraw alleging reasons alleging reasons under the under Rules of the Rules ofProfessional Professional Conduct. At the Conduct. At the hearing hearing on on November November 12, 12, 2021 202l onon the the Motion to Motion to Withdraw Withdraw the the Court Court relieved relieved the the attorney attorneyfrom representing the from representing Wife. At the trIfe. Wife. At the the conclusion of that conclusion that hearing Wife indicated hearing Wife indicated that that she she would would not not participate further in participatefurther in any any and would hearings and hearings would not not provide her address provide her addressfor forpurposes purposes of receiving mailing. ofreceiving mailing.

to the Due to Due Wife's's noncompliance the Wife's Wife with the noncompliance with Courts the Court's Court Orders Order oj'October of October 26, 26, 2021 the 2021 the Husband Husband requested requested another hearing hearing to discuss imposition ofsanctions discuss the imposition sanctions upon Wife. Wife. In In with a conjunction with a support hearing, support hearing, the Court held held aa hearing on December 22, 22, 2021 t0 to address whatfurther sanctions would be imposed upon upon the the life. Wife. Since Since incarceration incarceration waswas being considered by by the Court, counsel was appointed appointed to to represent the the Wife Wife in in the the portion of sanction portion the hearing. ofthe

At the December 22, 22, 2021 hearing, Husband testified that when testified that he went when he went to the to the residence to retrieve his personal property that residence ofhis that all of his hunting hunting clothes, clothes, dress dress clothes, clothes, several animal winter clothing, several animal mounts, jeweb jewelry and other box and ybox other personal property were personal property were gone. He claims that the items are valued valued at thousands of Husband testified that ofdollars. Husband that none of his Wifes' none Wife's personal property was missing.

him the He testified that Wife has not paid hint the $3,750.00 halfthe value of $3,750. 00 being one half the truck; did not disclose the location of personal effects; qfor return his wallet and personal effects; or disclose the location of the four wheeler and lawn tractor. Neither had Wife paid the attorney fees she was ordered to pay. Husband testified that Wife has an Edward Jones investment account valued at approximately x'30, $30,000.00. 000. 00. Wife has borrowed against or used that money during the marriage.

The Wife testified that much of Husband's personal items in the home were destroyed by water damage and mold and that her friends helped her to remove and discard them. Some of the items she claims she dropped off at aaneighbor neighbors''s residence. DT'fe testified that her own personal property remained safe in a Interestingly, the Wife asecured bedroom. At a aprior hearing evidence was offered which showed the Wife burning items at the residence.

She testified that she did not know the location ofthe four wheeler and lawn tractor which had been removed from the parties'shed. The Wife also testified that she did have her Husbands now. The Wife has an investment Husbands' wallet but could not locate it now account with Edward Jones containing approximately $28,000 S28, 000 to $30,000 S30, 000 but asserts that she will not give her Husband any money out of that account.

DISCUSSION The Wife has engaged in a Courts Order and a course of conduct of violating the Courts' has indicated that she will not participate in the proceedings. Clearly, she will not with any Court Orders. She has had her Husband's wallet and personal effects in comply lvith her possession and according to her daughter who testified at a a prior hearing, Wife secures these possession on her person at all times. Now the Wife suggests that she can'ttlocate the wallet and items. The Wife claims that Husband's personal simply can property was destroyed by mold and water and had to be discarded by her and her a prior hearing evidence was offered which showed the Wife burning items at friends. At a the residence.

Although the Court ordered that all marital assets be preserved, the Wife traded in the marital vehicle and realized aacredit of S7, 500.00 for the vehicle. The Wife has the creclit of$7,500.00 financial capacity to comply with the Courts Courts' Order that directed her to pay her Husband ofvalue one halfof $3,750.00. value of the truck being S3,750. Husband's 00. ' She also has the ability to pay Husbands of S1,000.00. counsel fees of $1, 000.00. Husband has requested additional attorney fees, which the time of the final divorce hearing. Court will address at the tune

The Court having issued Orders giving the Wife the opportunity to purge herself of contempt and has admonishing her to comply, still Wife refuses. Accordingly the Court ofcontempt will now issue sanctions which will enforce the Court's ivill Courts' Order but again give the Wife an opportunity to purge herself of the Contempt.

ORDER

AND NOW, this 15`h 15" day of February 2022, the Wife, Lucinda Prall shall have 30 days to pay to her Husband, Larry Prall the sum of clays $3,750.00 of'S3, 750.00 for his share of the marital truck and an additional S1,000.00 S1, 000.00 in attorney fees for a atotal of $84,750.00. S4,750. 00. Payment shall be made through Husband's counsel. If the Wife fails to pay said money, she shall be incarceratedfor a a period of 60 days or until she has made said payment whichever occurs first. Ifpayment clays Ifpayment is not received within said 30 days, Wife shall turn herself in to the Potter County Sherito Sheriff to

13 ---------------------------------------- ···-··--··----··-----··-·-

Wife does not make said payment andfails to report to begin serving her incarceration. If Wife the Potter County Sheriff, a bench warrant will be issuedfor her arrest. Sheriff, a

The Plaintiff again failed to comply with the Court's Order of February 15, 2022 and

the Court the Court scheduled scheduled yet yet another another hearing to address hearing to address Husband's Husband's Petition Petition for for Special Relief Relief and and

Contempt as well as Wife's Motion for Special Relief and Contempt. Contempt Contempt. All matters were

scheduled for scheduled for a a hearing on July hearing on July 14, 14, 2022. The The following is an following is an exert exert from from the Court's the Court's

Findings, Discussion Findings, and Order: Discussion and Order:

June 15, On June On 15, 2021 2021 the the Plaintiff, Lucinda Prall Plaintiff, Lucinda sometimes referred (hereafter sometimes Prall (hereafter to as referred to as "Wife "Wife")") and Defendant, Larry Prall (hereafter sometimes referred "Wfe') and Defendant, Larry Prall (hereafter sometimes referred to as "Husband')to as "Husband") were before were the Court before the Court with with their their respective counsel on respective counsel on a a Petition Petitionfor for Special Relief and Special Relief after stipulation of parties the Court granted the Wife after stipulation of the parties the Court granted the Wife exclusive possession of the exclusive possession the ofthe marital residence, The Court also directed that all tangible and intangible marital residence. The Court also directed that all tangible and intangible assets be assets be frozen and not be removed dissipated, sold, or concealed. concealed The Court frozen and not be removed dissipated, sold, or concealed. The Court also Ordered thealso Ordered the Wife to provide to the Husband an accounting of the assets that she had dissipated, Wife to provide to the Husband an accounting of the assets that she had dissipated, sold, sold, traded or removed traded or removedfrom the residence. Thereafter from the residence. Thereafter Wifes' s counsel filed a motion Wife counsel filed amotion to to withdraw asserting withdraw reasons under asserting reasons under the Rules of the Rules ofProfessional Conduct and Professional Conduct and the the Wife Wife obtained new obtained new counsel. counsel.

Subsequently the Subsequently the Husband Husbandfiledfiled aa Petition Petitionfor for Contempt/Petition Contempt/Petitionfor for Special Special Relief. The Relief. The Court Court convened convened a a hearing hearing on on October October 21, 21, 2021 2021 with with the the parties including parties including Wife s Wife s 's new new counsel. counsel. AtAt that that hearing hearing thethe Court Courtfound found that that the Wife had the Wife had willfully willfully violated violated the Court's the Court's Order of Courts Order June 15, ofJune 15, 2021 2021 which whichfroze the marital froze the marital estate. estate. Specifically Specifically thethe Court Court foundthat found that the the Wife traded in Wife traded in the the marital vehicle, that marital vehicle, that she she had hadfailed failed toto provide provide her her Husband with Husband with his his wallet wallet and andpet personal items she sonal items she had had inin her herpossession; possession; and andfailed failed to to disclose the whereabouts disclose the whereabouts of the marital personal personal ofthe marital personal property that was removed property that was removedfrom the from the residence. residence.

On October On 26, 2021 October 26, the Court 2021 the Courtfound found the the Wife Wife in contempt and in contempt and Ordered Ordered her her to to pay Husband one-half the value of the marital vehicle in the amount of $3,750. 00 within pay Husband one-half the value of the marital vehicle in the amount of $3,750.00 within 30 days. 30 The Court days. The Court also also Ordered Orderedthat Wifeprovide that Wife provide toto Husband Husbandhis his wallet wallet and andpersonal personal within 10 effects within effects 10 days. The Court days. The Court also also directed directed that that Husband Husbandhavehave access access toto the the marital marital residence to residence to retrieve his clothing retrieve his clothingandandhunting huntingsupplies. Additionally, the supplies. Additionally, the Court Court gave gave the the an additional Wife an Wife additional 20 20 days days to to disclose disclose toto her her Husband Husbandthe whereabouts of the whereabouts ofthe the items items removedor removed or destroyed destroyed including a four wheeler includingafoul- wheeler and and lawn lawn tractor. tractor. Finally Finally the the Court Court Orderedthe Ordered the W Wife topay fe to counselfees paycounsel fees to HusbandofV, to Husband S1,000.00 of$1,000.00 within 30 000.00 within 30 days. days. The The Court Court concluded with concluded with the the statement that if statement that ifthe the Wife Wife did didnot notcomply with the complywith the Order Order of of October October 26, 2021 26, 202] 2021 thethe Court Court would wouldconvene conveneyet another hearing yetanother hearingto to impose sanction. impose sanction.

Wife 'ssecond Thereafter Wife Thereafter secondattorney attorneyfiled filedaa Motion Motion to to Withdraw Withdraw alleging allegingreasons reasons under the Rules of Professional Conduct. At the hearing on November 12, 2021 on under the Rules of Professional Conduct. At the hearing on November 12, 2021 on the the

Motionto toWithdraw Motion WithdrawthetheCourt Courtrelieved relievedthetheattorneyfrom attorney fromrepresenting representingthetheWife. Wife.AtAtthethe conclusion of that hearing Wife indicated that she would not participate further ininany conclusion of that hearing Wife indicated that she would not participate further any hearings and would not provide her address for purposes of receiving hearings and would not provide her address for purposes ofreceiving mailing. mailing.

DuetotothetheWifes' Due s Wife noncompliance noncompliancewith withthetheCourt's Court'sOrder Orderofof October26,26,2021 October 2021thethe Husbandrequested Husband requestedanother anotherhearing hearingtotodiscuss discussthetheimposition impositionofof sanctionsupon sanctions uponWife. Wife.InIn conjunction with asupport hearing, the Court held ahearing on December 22, 2021 toto0 conjunction with a support hearing, the Court held a hearing on December 22, 2021 1to address what further sanctions would be imposed upon the Wife. Wife, Since address what further sanctions would be imposed upon the Wife. Since incarceration was incarceration was beingconsidered being consideredbybythe theCourt, Court,counsel counselwas wasappointed appointedtotorepresent representthe theWife Wifeininthe the sanction portion of the hearing. sanction portion of the hearing.

AtAtthe theDecember December22, 22,2021 2021hearing, hearing,Husband Husbandtestified testifiedthat thatwhen whenhehewent wenttotothe the residence to retrieve his personal property that all of his hunting clothes, dress residence to retrieve his personal property that all ofhis hunting clothes, dress clothes, clothes, winterclothing, winter clothing,several severalanimal animalmounts, mounts,jewelry jewelryboxboxand andother otherpersonal personalproperty were propertywere gone.He gone. claimsthat Heclaims thatthe theitems itemsare arevalued valuedatatthousands thousandsofofdollars. dollars.Husband Husbandtestified that testifiedthat none of his Wife's personal property was missing. none of his Wife's personal property was missing.

Hetestified He testifiedthat thatWife hasnot Wifehas notpaid paidhim himthe the$3,750. $3,750.00 beingone 00 being onehalf halfthe thevalue valueofof the truck; did not disclose the location of or return his wallet and personal effects; oror the truck; did not disclose the location of or return his wallet and personal effects; disclosethe disclose thelocation locationofofthe thefour fourwheeler wheelerand andlawn lawntractor. tractor. Neither Neitherhad hadWife paidthe Wifepaid the attorney fees she was ordered to pay. Husband testified that Wife has an attorney fees she was ordered to pay. Husband testified that Wife has an Edward Jones Edward Jones investmentaccount investment accountvalued valuedatatapproximately approximately$$30,000.00. 0,000.00. Wife hasborrowed Wifehas borrowedagainst againstoror used that money during the marriage. used that money during the marriage.

TheWife The Wifetestified testifiedthat thatmuch muchofofHusband's Husband'spersonal personalitems itemsinin thehome inthe homewerewere destroyed by water damage and mold and that her friends helped destroyed by water damage and mold and that her friends helped her to remove and her to to remove and discard them. Some of the items she claims she dropped off at a neighbor discard them. Some of the items she claims she dropped off at aneighbors' residence. 's residence. Interestingly, the Interestingly, theWife testifiedthat Wifetestified thather herown personalproperty ownpersonal propertyremained remainedsafe safeininaasecured secured bedroom. She bedroom. Shetestified testifiedthat thatshe shedid didnot notknow knowthe thelocation locationofofthe thefour fourwheeler wheelerand andlawn lawn tractor which had been removed from the parties' shed. The Wife also tractor which had been removedfrom the parties'shed The Wife also testified that she testified that she did have her Husbands Husband's wallet but can't locate it now. The Wife has did have her Husband's wallet but can't locate it now. The Wife has an investment an investment accountwith account withEdward EdwardJones Jonescontaining containingapproximately approximately$28, $28,000 000 to to $30, $30,000 000 but butasserts assertsthat that she will not give her Husband any money out of she will not give her Husband any money out of that account.that account.

DISCUSSION DISCUSSION The Wife has engaged The Wife has engaged in a in acourse courseofofconduct conduct of ofviolating the Courts' violatingthe Court'sOrder Orderandand has indicated that she will not participate in the proceedings. Clearly, has indicated that she will not participate in the proceedings. Clearly, site will not she will not complywith comply with any Court Orders. any Court Orders. SheShe has hashad hadherher Husbands' Husband's Husbandswalletwalletand andpersonal personal effects effects inin her possession and according to her daughter who testified at a prior her possession and according to her daughter who testified at aprior hearing, Wife hearing, Wife secures these secures thesepossession possession ononher her person person at atall all times. times. Now Now thethe Wife suggests that Wife suggests that she she cant locate simplycan't simply locate the the wallet wallet and and items. items. The The Wife claims that Wife claims that Husband Husband' personal spersonal property was property was destroyed destroyed byby mold moldand andwater water and andhad hadtoto be be discarded discarded by by her her and andher her friends. At friends. At a a prior prior hearing hearing evidence evidence was was offered offeredwhich which showed showedthe the Wife burning items Wife burning items at at the residence. the residence.

15 15

ea

Althoughthe Although theCourt orderedthat Courtordered thatall maritalassets allmarital assetsbebepreserved, preserved,thetheWife tradedinin Wifetraded the marital vehicle and realized acredit of $7,500.00 for the vehicle. The Wife has the the marital vehicle and realized a credit of $7,500.00 for the vehicle. The Wife has the financial capacity to comply with the Court's Order that directed her to ,financial capacity to comply with the Courts Order that directed her to pay her Husbandpay her Husband oneha one fofofvalue half valueof ofthe thetruck truckbeing $3,750.00. being$3,750. Shealso 00. She alsohas hasthe theability abilitytotopay Husband's payHusband's counselfees cottt7sel feesofof$$1,000.00. Husbandhas 1, 000.00. Husband hasrequested additionalattorney requestedadditional attorneyfees, whichthe fees,which the Court will address at the time of the final divorce Court will address at the time of the final divorce hearing.hearing.

TheCourt The Courthaving havingissued issuedOrders Ordersgiving Wifethe theWife givingthe theopportunity opportunitytotopurge herself purgeherself ofcontempt and has admonishing her to comply, of contempt and has admonishing her to still complystill Wife comply, refuses.Accordingly Wiferefuses. the Court Accordinglythe Court will now issue sanctions which will enforce will now issue sanctions which will the Court 's Order but Court'sOrder but again enforcethe Courts' againgive the givethe Wife an Wifean opportunitytotopurge opportunity herselfof purgeherself ofthe theContempt. Contempt.

ORDER ORDER

ANDNOW, AND NOW,this this15` 15" dayof h day ofFebruary 2022, the February2022, the Wife, LucindaPrall Wife, Lucinda Prallshall shallhave have30 30 days to pay to her Husband, Larry Prall the sum of $3,750.00 his share of the days to pay to her Husband, Larry Prall the suin of $3, 750.00 for his share of the marital for marital truckand truck andan anadditional 81,000.00 additional$1, $1,000.00 000.00 ininattorney feesfor attorneyfees fora totalof atotal $4,750.00. 84,750.00. of$ shall Paymentshall 4, 750.00. Payment be made through Husband' counsel. be made through Husband's• counsel. '

Ifthe If the Wife failstotopay Wifefails paysaid saidmoney, money,she sheshall shallbe beincarcerated incarceratedfor fora aperiod of60 periodof 60 days or until she has made said payment whichever occurs first. days or until she has made said payment whichever occurs first. Ifpayment is notIfpayment is not receivedwithin received withinsaid said3030 days, days, Wife shallturn Wifeshall turnherself herselfinin toto the thePotter CountySheriff Potter County Sherifftoto begin serving her incarceration. If Wife does not make said begin serving her incarceration. If Wife does not make said payment paymentand fails totoreport and fails reporttoto thePotter the PotterCounty CountySheriff, Sheriff,a abench bench warrant warrantwill be issued will be issuedforforher herarrest. arrest.

On February24, OnFebruary 24, 2023, 2023, Wife Wifefinally finallypaid the $4,750 paid the throughher $4,750 through her present present counsel. counsel.

DISCUSSION DISCUSSION

All property All property acquired acquired during a marriage during a and prior marriage and to separation prior to separation isis considered considered "marital "marital

property." 23 property." 23 Pa.C.S.A. Pa.C.S.A. sec. sec. 3501 3501 (a). (a). Property Property acquired acquired prior to the prior to date of the date ofmarriage marriage isis

excluded from excluded marital property. from marital 23 Pa.C.S.A. property. 23 Pa.C.S.A. sec. sec. 3501 3501 (a)(1). In addition, (a)(1). In addition, any any property property

acquired by acquired either spouse by either after the spouse after the parties parties have separated isis non-marital. have separated non-marital. 23 23 Pa.C.S.A. Pa.C.S.A. see. sec. 3501 3501

Also, gifts (a)(4). Also, (a)(4). received during gifts received during the the marriage marriage from from third third parties are likewise excluded. parties are likewise excluded. 23 23

Pa.C.S.A. see. Pa.C.S.A. sec. 3501 3501 (a)(3). However, gifts (a)(3). However, gifts given from one given from one spouse spouse to to the the other other are are marital marital

23 Pa.C.S.A. property. 23 property. Pa.C.S.A. sec. sec. 3501 3501 (a)(3). As to (a)(3). As to debts debts and and liabilities liabilities incurred incurred prior prior to to separation separation

and during and the marriage during the which are marriage which are incurred incurred in in good faith, the good faith, the same same are are likewise likewise to to be allocated be allocated

the Court by the by between the Court between the parties even if the even if the debt debt is joint or is joint or individually individually acquired. Duff v. acquired. Duff Duffv•. Duff, .Duff. Duff,

510 251,507 510Pa.Pa.251, 507 251,507 A.2d371 A.2d 371( 1986), (1986), (taxliability); (tax Schenkv. v. liability);Schenk y. Schenk,880 Schenk, 880A.2d A.2d633 633 (Pa.Super. (Pa. Super.

2005);Hicks 2005); Kubit,758 Hicksv. y.Kubit, 758A.2d A.2d202 202 (Pa.Super. (Pa. Super.2000) 2000) (educationalloans). (educational loans).

InInfashioning fashioningananequitable equitabledistribution distributionaward, award,the thetrial trialcourt courtmust mustconsider, consider,atataaminimum, minimum,

theeleven the elevenfactors factorssetsetforth Pa.C.S.A.§ $3502. forthinin2323Pa.C.S.A. 3502.These Thesefactors factorsrequire thetrial requirethe trialcourt courttoto

considerthe consider therelative relativeeconomic economicpositions positionsofofthe theparties andthe partiesand thenature natureofof theparties' the parties'relationship. relationship.

7d.''Id. Thefacts Jd. The factsofof aparticular particularcase casemandate mandatehow howthethesection section3502 (a)(1-11)factors 3502(a)(1-11) (a)(1-1D) factorswill willbebeapplied. applied. Gatesv.v.Gates, Oates Gates Gates,933 933A.2d I102 A.2d10202(Pa. (Pa.Super. 2007).The Super.2007). Thefactors factorsare arenot notaasimple formula;rather simpleformula; rather

theyserve they serveasasaaguideline guidelinefor forconsideration. consideration. Wang Feng888 Wangv.v.Feng, Feng, 888A.2d 888 A.2d882, 882,887 887(Pa. (Pa.Super.2005). Super.2005).

InInvaluing valuingmarital maritalproperty, property,the thetrial trialcourt courtmay mayconsider considerestimates, estimates,inventories, inventories,appraisals, appraisals,

andrecords and recordsofofpurchases submittedbybythe purchasessubmitted theparties, parties,and andisisfree freetotoaccept all,none acceptall, noneororportions portionsofof

thetestimony the testimonyregarding values. Verholek regardingvalues. Verholekv.v. Verholek,741 Verholck, y.Verholek, 741A.2d A.2d792 792(Pa. (Pa.Super. 1999). Super.1999).

thecourt Generally,the Generally, courtisistotouse usethe the"fair "fairmarket marketvalue" value"of ofthe theasset assetatatthe thetime timeof hearinginin ofhearing

determiningthe deterniining thevalue valueof ofassets assetsfor forequitable distributionpurposes. equitabledistribution purposes. The Thefair fairmarket marketvalue valueisisthe the

valuewhich value whichaawilling willingbuyer buyerisiswilling willingtotopay aseller paya sellerininan anarm's arm'slength lengthtransaction. transaction. Rev. Rev.Rul. Rul.

59-60. 59-60.

TheCourt The Courtwill will now nowaddress addressthe thefactors factorsset setforth forthinin32 32 Pa.C.S.A. Pa.C.S.A.3502 (a)11).InInthe 3502(a)(11). (a)(11). the

matteratathand matter hand the theparties weremarried parties were married for forapproximately approximately 34 and4 yearsand 34years monthsas 4months asof ofthe dateof thedate of

separation. 23 separation. Pa.C.S.A. §$ 3502 23 Pa.C.S.A. 23 1 ). ItIt isis the 3502(((1) 1). thesecond second marriage for both marriage for bothparties. parties. 23 23 Pa.C.S.A. Pa.C.S.A. §§

3502(2). 3502 (2). The The Court Court finds finds that that the the parties do not parties do nothave have comparable comparable earnings as Wife earnings as Wifehas has Social Social

Security benefits Security of$1,125 benefits of of $$1,125 month while per month 1,125 per while Husband Husband has has Social Social Security Security benefits benefits of of$2,681 $2,681 as as

well as well as a a retirement retirement benefit benefit of of $$599.91. Neither are 599.91. Neither are employable at this employable at this time. time. Both Both will will need need to to

find a rind a permanent residence as permanent residence as the the marital marital residence residence and and camper are no camper are longer available no longer available to to them. them.

At this At this point in their point in their lives, lives, due due to to their their ages and/or health ages and/or health related related issues, issues, neither neither party party has has any any

abilitytotoacquire ability acquireassets. assets.They Theyboth bothhave haveMedicare Medicarebenefits. benefits. 23 Pa.C.S.A.§ $3502 23Pa.C.S.A. 3502(3, (3,4,4,5,5,6,6,7). 7).

Bothparties Both partiesgenerally generallycontributed contributedtotothe themarital maritalestate estateasasWife Wifecontributed contributedtotothe the

purchaseof purchase ofthe thecamper. Husbandassumed camper.Husband assumedthe themajority ofthe majorityof themarital maritaldebt debtby bypaying the payingthe

mortgageloan mortgage loanpayment andloan paymentand onthe loanon thecamper sinceApril campersince 2021 which April2021 whichallowed allowedthe theparties partiestoto

retainand retain andpreserve theseassets. preservethese assets. He Healso alsomade maderepairs repairstotothe themarital maritalresidence residenceand andborrowed borrowed

fundstotopay funds payfor forthe therepairs. repairs.

Much ofthe Muchof themarital marital personal personalproperty property atatthe the Potter PotterCounty residence was Countyresidence wasremoved, removed, sold sold

ordestroyed or destroyed by by Wife Wifeincluding includingHusband's Husband's premarital personal property. premarital personal Wifedenies property. Wife deniesremoving removing

or selling or sellingany marital assets any marital assets from from the theresidence; residence; however howevershe she isis not not credible credible as as has has been beenproven proven

on previous on previous occasions. occasions. Additionally, the Court Additionally; the Courtdoes does not not accept accept Wife's Wife'sassertions assertions that that the the four four

wheeler and wheeler and lawn lawn tractor tractor were were not not sold sold by by her. her. There There isis a a deposit deposit into into her her solely solely owned owned Edward Edward

Jones account Jones account of of$9,797.90 $9,797.90 between between September and December Septemberand December o£ of2021 after separation 2021 after separation and and

subsequent toto her subsequent her leaving the marital leaving the marital residence. residence. The The Court Court heard heard no no explanation from her explanation from her as as toto

where that where that money was derived money was derived from. from. Fortunately Fortunately there there are are the the proceeds from the proceeds from the marital marital

residence which residence which can can be be equitably distributed between equitably distributed between the the parties. Pa.C.S.A. §$ 3502 23 Pa.C.S.A. parties. 23 3502(7, 10, (7, 8,8, 10, IO,

10.2). 10.2).

Both parties Both will suffer parties will suffer some some decline decline in in their their standard standard of of living after the living after the divorce. divorce. Neither Neither

arc well are well off offand and they have minimal they have minimal income income and and assets. assets. They They struggled financially while struggled financially married while married married.

and lived and lived above above their their means. means. The The Court Court does does not not find find they they enjoyed enjoyed a a significant significant standard standard of of

Wife testified living. Wife living. testified that that finances finances were were a a major issue in major issue in their their separation separation and and both both referenced referenced

from Wife's borrowing from borrowing Wife's life life insurance insurance policy to pay policy to the lot pay the lot rent rent in in Florida. Florida. Wife Wife testified testified that that she she

has no has no funds funds available available to to her her from her Edward from her Edward Jones Jones account account which which was was valued valued after after separation separation

on October 29, 2021 at $28,140. $ 28,140. Due to Wife's deception in the hearings, the Court is not

convinced that she has spent all of this investment. 23 Pa.C.S.A. Pa.C.S.A. §§ 3502 3502 (8, 9,10,10.1,10.2). (8, 9,10,10.1, 10.2).

The Court has determined to use the date of separation for value in distribution of some some

of the fixed assets and debts, and the present value for other assets to do economic justice to the parties.

In addressing the division of the assets, the Court has attempted to equitably divide the assets between the parties. In making this decision the Court has determined the facts based in part upon the credibility of the parties in their respective testimony. The Court has analyzed all the factors set forth in 23 Pa.C.S.A. §$ 3502 including contributions to the marital estate and the ability to accumulate additional assets. Wife has been uncooperative throughout the proceedings and attempted to make Husband's life difficult. It was aaconsiderable chore to convince her to participate in the proceedings and to comply with any Court Orders.

In summary the Court determines that the marital assets which are subject to distribution is as follows:

• • Marital residence proceeds: $$80,226.08 (the Court will direct that $5,500 80,226.08 (the $ 5,500 be withheld from the funds to address any deficiency in the sale of the camper).

• • Value of the four wheeler and lawn tractor: $4,275.00

• • Edward Jones Account: $5,160.00

• • Firearms: $2,350.00 $ 2,350.00

• • Personal property destroyed or removed by Wife: $11,000.00. $ 11,000.00.

• • The marital portion of Husband's retirement account.

• • The camper value and camper debt are comparable accordingly they will be

treatedasasaawash treated washfor forequitable distributionpurposes. equitabledistribution purposes.

followingisisthe Thefollowing The themarital maritaldebt: debt:

•• Wife's Wife'sDiscover DiscoverCard: Card:$ $6,800.00 (5/21/2021statement) 6,800.00 (5/21/2021 statement)

•• Husband's Husband'sloan loanofof$$10,000. 10,000.

• • Wife's • Wife'smedical medicalbill billisis$$7,578.53. 7,578.53.

InInreaching reachingthis Order,the thisOrder, theCourt Courthas hasconsidered consideredHusband's Husband'sNorthwest NorthwestSavings Bankloan SavingsBank loan

ofof$$6,035 forroof 6,035 for roofrepair repairtotopreserve preservethe theresidence residenceasaswell wellasashis contributionstotopay hiscontributions loanon theloan paythe on

themarital the residenceand maritalresidence thecamper. andthe camper. One-half One-halfof thetrade ofthe tradeininvalue valuefor for thepickup torthe truckhas pickuptruck has

alreadybeen already beenpaid paid totoHusband Husbandand andwill willnot notbe beaddressed. addressed. Both Bothparties reimbursementfor requestreimbursement partiesrequest for

feesand appraisals,fees appraisals, andmonies moniesthey theywere wererequired requiredtotopay pay during theseparation; duringthe however, the separation;however, theassets assets

areminimal are minimaland andtotorepay repay said said fees feesand and expenses expenseswould wouldsubstantially reduceany substantially reduce fundsavailable any funds available

inin equitable distribution. The equitabledistribution. Courtdid The Court didhowever howeverconsider the expenditures considerthe expenditures ininreaching a reachinga

determinationas determination as totoall all marital marital claims. claims.

As toto the As theclaim claim for foralimony the Court alimony the Court has has considered considered the the factors factors set set forth forth inin 23 23 Pa.C.S.A. Pa.C.S.A.

3 70 Il (b). 3701(b). Thepurpose (b ). The ofalimony purpose of alimony isis not not toto award award one one party and punish party and the other, punish the other, but but rather rather toto

insure that insure that the the reasonable reasonable needs needs of ofthe the person who isis unable person who unable to to support himselfor support himself or herself herselfthrough through

appropriate employment, appropriate employment, are are met. met. In In determining determining the nature, amount, the nature, amount, duration duration and and manner manner of ofall all

payment of payment ofalimony, the court alimony, the court must consider all must consider all relevant relevant factors, factors, including those prescribed including those prescribed for for at at

23 Pa. 23 Pa. C.S. C.S. §§3701(b). In addition, 3701(b). In addition, alimony alimony isis based based upon upon the the reasonable reasonable needs needs in in accordance accordance

with the with the lifestyle lifestyle and and standard standard of of living established by living established by the the parties during the parties during the marriage, marriage, as as well well as as

the payer's the payer's ability to pay, ability to v. Isralsky, [sralsky v. pay. isralsky 824 A.2d Isralsky, 824 A.2d 1178 1178 (Pa. (Pa. Super. Super. 2003). 2003).

In addressing In addressing alimony alimony the Court is the Court is mindful mindful that Husband does that Husband does not not have have a a significant significant

amount of amount of income income available available to to him. him. His His pension election ensured pension election ensured that that his his spouse spouse would receive would receive

20 -------------------------------------···--···� ·-···--·-� ·--·--···-·

the same the same amount amount he he presently receives and presently receives and that that he he received received a a reduced reduced amount amount than than what what he he could could

have received have received if ifhe he made made a a different different election. election. She She isis 14 14 years years younger younger than than Husband Husband and and all all

he will probability he probability will predecease her and predecease her and she she will will receive receive his his 100% 100% survivor survivor election. election. Husband Husband

asserts that asserts that Wife's marital misconduct Wife's marital misconduct in in the nature of the nature ofphysical physical abuse and evidence abuse and evidence of ofthat she isis that she

with a cohabitating with cohabitating a member member of of the the opposite sex should opposite sex bar her should bar her award award of ofalimony. alimony. Considering Considering

those matters, those matters, the the Court will award Court will award alimony alimony for for a a short short period period of oftime. time.

Counsel fees, Counsel fees, costs costs and and expenses. Both parties expenses. Both parties have have significant significant fees fees and and costs. costs. The The Wife Wife

was able was able to to use use her her investment investment to to pay fees while pay fees while Husband Husband was was required to required to borrow to lo borrow pay his. to pay his. Due Due

to the to the limited limited resources and and income income of the parties ofthe no award parties no will be award will be given. given.

Received 11/19/2024 10:20:13 PM Superior Court Western District

Filed 11/19/2024 10:20:13 PM Superior Court Western District 1272 WDA 2024

LUCINDA PRALL PRALL ::IN IN THE COURT OF COMMON PLEAS Plaintiff Plaintiff ::OF OF POTTER COUNTY, PENNSYLVANIA

Vs. Vs. :No. 3529 of :No. of2021 2021

LARRY PRALL LARRY PRALL ::CIVIL CIVIL DIVISION DIVISION -DIVORCE —DIVORCE Defendant

ORDER ORDER AND NOW this 18 day of September 2024 after trial, the Court issues the following to 0 20 aid consel relief as to the claims of equitable distribution of assets and liabilities; alimony ail c;nsel fees, cgnsel oz ro z :•r costs and expenses: % 0 de Ide 2. sa a £3 "77 "7 =10 mnr o mr 0r ~in p gp e CO c co • Equitable distribution distribution of assets assets and liabilities: assets.and � -� -• z,n U 1) � � rn . proper proper@tleh

~ tledh Except as set forth hereafter, each party shall retain all personal properj§tle his/er R. his/her c - zC obl[@ation obll@ation name or in his/her possession and shall be solely responsible for any loan or obligation tn

associated with or secured by the said personal property.

The total marital assets are The are approximately approximately $$103,011.80 Husband's retirement 103,011.80 excluding Husband's

Included in account. Included account, in the the total total marital marital asset asset figure are the figure are the items items Wife Wife sold, sold, destroyed or or otherwise otherwise

disposed of disposed of which which were were situated situated at at the marital residence the marital residence valued at $11,000 valued at and the $ 11,000 and the. four four wheeler wheeler

and the lawn tractor tractor valued at $4,272. Wife also also disposed of $4,000 disposed of $4,000 of Husband's premarital premarital

personal property. personal property. Wife will be Wife will held accountable be held accountable for these amounts for these amounts in in the the equitable equitable distribution distribution

award. The award. The Court Court will will direct that $$5,500 direct that be withheld 5,500 be withheld from the proceeds from the proceeds from from the the sale sale of of the the

residence of t•usidence of $$80,226.08 to pay 80,226.08 to pay any shortfall due any shortfall due for for the the sale sale of of the the camper which sale camper which sale is is

at $$56,000. approved at approved This will 56,000. This will leave leave $$74,726.00 held in 74,726.00 held in Attorney Attorney Larsen's Larsen's escrow account escrow account

available for available for immediate immediate distribution. distribution. Husband Husband shall shall iitlly fully exercise exercise control control over over the trailer to the trailer to

ensure that ensure that itit is is sold sold and and should should Wife Wife refuse refuse to to execute execute any any closing closing documents documents or or title, he may title, he may

execute the execute the documents documents in in her her stead. stead. 22 22 22

-

The Court The The Court divides Court divides the divides the assets the assets with assets with Wife Wife receiving receiving approximately approximately 55% 55% and and Husband Husband

receiving approximately receiving receiving approximately 45%. approximately 45%. After 45%. Afterthe After the camper camper isis sold sold any any remaining remaining proceeds will be proceeds will be

distributed in distributed distributed inthe in same percentages. the same same The division percentages. The division of of assets assets and and debts debts isis as as follows: follows:

Since Wife Since Since Wife has Wife has disposed has ofthe disposed of disposed the aforementioned aforementioned marital marital property inside the property inside the residence residence as as

well as well well as the as the four the four wheeler four wheeler and wheeler and tractor tractor totaling totaling $$15,275 she will 15,275 she will be be accountable accountable for for these these items items and and

will pay will will Husband 45% pay Husband 45% of of their their value value or or the the sum sum or or $$6,873.75. She will 6,873.75. She will also also be be accountable accountable for for

of Husband's entirety of entirety Husband's premarital assets she premarital assets she destroyed destroyed valued valued at at $4,000.00. $4,000.00. Accordingly Accordingly Wife Wife

owes to owes to Husband Husband for for his his portion of the portion of the marital marital assets assets and and his his premarital premarital assets assets the the total total sum sum of of

$10,873.75. $10,873.75.

Wife will retain Wife will retain the the jointly jointly owed Edward Edward Jones Jones account account valued valued at at approximately approximately

$5,160.37 and $5,160.37 and Husband Husband shall shall retain retain his his firearms fireanns valued firearms valued at $2,350.00. at $2,350.00.

As to As to the the marital marital debt debt totaling totaling $24,378.83 Wif eshall $24,378.83 Wife Wife shall be be responsible responsible for for 45% 45% or or

while Husband $10,970.47 while $10,970.47 Husband is is responsible for 55% responsible for 55% or or $$13,408.56. Accordingly, Husband 13,408.56. Accordingly, Husband will will be be

solely responsible solely responsible for his $10,000 for his personal loan $ 10,000 personal and shall loan and shall pay to Wife pay to Wife $$3,408.56. shall be Wife shall 3,408.56. Wife be

solely for her responsible for solely responsible her Discover Discover Card Card of of $$6,800 and her 6,800 and her medical medical bills bills of of 7,578.53. 7,578.53. of7,578.53.

Accordingly, Accordingly, Attorney Patrick Larsen Attorney Patrick Larsen is is directed directed to to distribute from his distribute from his escrow escrow account account

of $74,726.00 as follows: the real estate proceeds of

To Wife 55%: 55%; $41,009.30 (gross 55%: $41,009.30 (gross amount due)

- $10,873.75 premarital property) (husband's share of missing marital and premarital $ 10,873.75 (husband's

++$3,408.56 $3,408.56 (husband's (husband's share of marital debt owed to wife) $33,634.11 (net 533,634.11 (net amount due wife)

To Husband 45%: To Husband 45%: $$33,626.70 (gross amount 33,626.70 (gross amount due) due)

++ $$10,873.75 share of (husband's share 10,873.75 (husband's ofmissing marital and missing marital and premarital items) premarital items)

-$3,408,56 -$3,408.56 share of (husband's share $3,408.56 (husband's marital debtl ofmarital debt)

$41,091.89 ( $41,091.89 (net amount due net amount due husband) husband)

As to As that marital to that marital portion portion of ofthe Husband's Tyco the Husband's Tyco Electronic Electronic Pension Pension Plan Plan-MF73372 01 -MF73372 01

Wife shall Wife shall receive receive 55% 55% of ofthe the marital marital portion ofHusband's portion of Husband's monthly benefit, together monthly benefit, with any together with any

costs of costs ofliving living increases. increases. The The Court Court did did not consider Wife's not consider Wife's survivorship benefit value survivorship benefit which value which

could have could have reduced reduced this this benefit. benefit. Husband's shall ensure attorney shall Husband's attorney ensure that that an QDRO isis prepared an QDRO to prepared to

disburse the disburse the benefit benefit to to Wife Wife with with the costs equally the costs shared between equally shared between the the parties. parties.

The parties The will execute parties will execute any any and and all all documents, documents, titles and the titles and the like like to to effectuate effectuate the the

provisions of provisions ofthis this agreement, agreement

The parties The will indemnify, parties will indemnify, defend defend and and hold hold the the other other harmless from any harmless from any claims made claims made

the other against the against other party party for for indebtedness indebtedness to to be be assumed assumed hereunder. hereunder.

Alimony: Alimony:

Alimony will Alimony will be be awarded awarded to to Wife Wife in in the the sum sum of of $$300.00 per month 300.00 per month for for two two years which years which

shall terminate shall terminate in in the event of the event of Wife's Wife's death, death, cohabitation with a cohabitation with member of a member the opposite of the or sex, or opposite sex,

The First remarriage. The remarriage. first payment will be payment will be due due 30 30 days from today's days from today's date. In determining the the amount

of alimony of the Court alimony the Court did did not not consider consider in in the calculation any the calculation any portion of the portion of the Husband's Husband's retirement retirement

has been addressed under benefit. Spousal/APL has under a a separate Order and separate Order and will will be be deemed deemed terminated terminated

effective this effective this date date after after all all arrears arrears have have been been paid paid by by Husband. Husband.

Counsel fees, Counsel fees, costs and fees, costs and expenses: expnses; e

no award to Due to the minimal assets and income as discussed above, there will be no

party for counsel fees, costs or expenses. either party

THE DISTRIBUTIONS UNDER THIS ORDER SHALL OCCUR ON OR AFTER 30

DAYS UNLESS AN APPEAL OR MOTION FOR RECONSIDERATION IS FILED AT

WHICH TIME NO DISTRIBUTION WILL OCCUR WHILE THE APPEAL OR

RECONSIDERATION IS BEING PROCESSED.

BY,,TIE COURT

, 2 Cc: Lea Ann Heltzel, Esq.

Rita Alexyn, Esq. Domestic Relations

LUCINDAPRALL LUCINDA PRALL THECOURT :INTHE : IN COURTOF OFCOMMON COMMONPLEAS PLEAS Plaintiff :OF POTTER COUNTY, PENNSYLVANIA Plaintiff : OF P01`TER COUNTY, PENNSYLVANIA

! ,, Vs. Vs. :No.3529 :No. 3529ofof2021 2021 U 0 •::a 0 -DIVO 0 � PRALL LARRYPRALL LARRY Defendant :CIVILDIVISION :CIVIL DIVISIONDIVOT n 7"I Defendant • 2le Mfni- " a rn r r ;9rn r-

e coco p 7 O6 6> co 0 TT rT a x

DIVORCEDECREE DECREE o gg DIVORCE znn 2n z- _UU 8 N« 4p g c ANDNOW AND NOWthis this 1818day dayof ofSeptember 2024the September2024 thePlaintiff LucindaPrall PlaintiffLucinda C* Pralland and ~ theDefendant 5the Defendant

Prallhave LarryPrall Larry havelived livedseparate andapart separateand excessof apartininexcess ofone oneyear, year,accordingly accordinglythey aredivorced theyare divorced

fromthe from thebonds bondsof ofmatrimony. matrimony.

Theparties The shall reaffirm partiesshall reaffirmororchange changethe thebeneficiary beneficiarystatus statuson onany any life lifeinsurance insurancepolicies, policies,

contracts,pension, annuitycontracts, annuity pension,profit sharingplans, profitsharing orother plans,or othercontractual contractual arrangements arrangements providing providingfor for

paymenttotoa payment aspouse spouse ififititisisthe theintention intention of ofone oneof ofthe theparties keep or partiestoto keep orchange change the theother party asas otherparty

abeneficiary. a Failure toto so beneficiary. Failure so may result ininrevocation may result revocation of ofthe the beneficiary beneficiary designation designation pursuant pursuant toto lo 20 20

Pa.C.S.A. sec. Pa.C.S.A. sec, sec. 6111.2. 6111.2.

All marital All marital claims claims have been resolved have been resolved by Order of by Order ofeven even date. date.

RT

.MINOR P.J.

Ce:/ea Cc:/a Cc: Heltzel, Esq. Ann Heltzel, ,L/ea Ann Esq.

Rita Alexyn, Rita Alexyn, Esq. Esq.

Domestic Relations Domestic Relations

26 . •-------····- - -----------------------------------