LexyCorpus case page
CourtListener opinion 11055831
Date unknown · US
- Extracted case name
- pending
- Extracted reporter citation
- 828 A.2d 376
- Docket / number
- 1272 WDA 2024
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 11055831 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: pension / defined benefit issues
Evidence quotes
QDRO“ch would provide her with the same benefit of $599.91 -2- J-S15004-25 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 survivorshi”
retirement benefits“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 -2- J-S15004-25 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 1”
pension“e 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 -2- J-S15004-25 upon his passing. This election meant that Husband received”
survivor benefits“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 -2- J-S15004-25 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 ap”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- reporter: 828 A.2d 376 · docket: 1272 WDA 2024
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
J-S15004-25
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
____________________________________________
* 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").
J-S15004-25
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
-2-
J-S15004-25
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
-3-
J-S15004-25
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
-4-
J-S15004-25
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
-5-
J-S15004-25
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
-6-
J-S15004-25
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.
-7-
J-S15004-25
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
-8-
J-S15004-25
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.
-9-
J-S15004-25
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
- 10 -
J-S15004-25
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.
- 11 -
J-S15004-25
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
- 12 -
J-S15004-25
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
- 13 -
J-S15004-25
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
- 14 -
J-S15004-25
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.
- 15 -
J-S15004-25
[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
- 16 -
J-S15004-25
[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.
- 17 -
J-S15004-25
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
- 18 -
J-S15004-25
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
- 19 -
J-S15004-25
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)
- 20 -
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?
- 21 -
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.
- 22 -
J-S15004-25
Order affirmed. Jurisdiction relinquished. Husband's request for
attorneys' fees under Pennsylvania Rule of Appellate Procedure 2744 denied.
5/21/2025
- 23 -
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
d?
g
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\")