Suzanne Sheridan v. Charles Sheridan

589 A.2d 1067 (1990)

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Legal Analysis

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Nature Of The Case

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Facts

The second marriage for W and H was a rags-to-riches affair. In early 1983. They abandoned their Upper Darby home to foreclosure and left all their furnishings behind. They purchased a house in Oak Valley for $57,000. They paid cash, which they took from a paper bag at settlement. From other hiding places, more cash withdrawals followed. More than $200,000 was spent on various acquisitions & improvements through 1986. Funds were expended for remodeling and decorating, furniture and appliances, a number of vehicles, vacations, jewelry, gifts for family and others, and a 6.5-acre vacant parcel of land in Chester County. Expenses included private school tuitions. The family budget for the years 1983 through 1987 easily exceeded $25,000 per annum. More than $325,000 was spent during a 5-year period in which W was a homemaker, and H's declared income was less than $20,000. W testified that H, as an oil-delivery truck driver, conspired with his employer to skim large corporate and institutional oil deliveries (billing for more oil than delivered). They would then sell the undelivered, excess oil to third parties. W testified that H continued to work for his employer until the end of 1986, and that he continued to derive substantial, unreported cash from this enterprise. No inheritance, gift, or income taxes were ever paid or ever declared on any of the sums. H tried to explain the cash as an inheritance, but H lacked all credibility. The court held that at least $250,000 of the cash shared by the parties was the result of illegal activities. The court declared that it is impossible to trace -- or to even identifiably segregate -- the funding source of the marital property purchased, initially or now remaining.

Issues

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Rule Of Law

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Holding & Decision

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