Florence-Elizabeth Traphan v. Bernard Traphan (2010)

MEMORANDUM OF DECISION

The plaintiff wife, 58, whose birth name is Banks, and the defendant husband, 70, married on January 1, 2002 in Greenwich, CT. It was the wife's first marriage.   The wife has lived in this state continuously for at least twelve months next preceding February 7, 2008, the date of the filing of the complaint, thereby satisfying Conn. Gen.Stat. § 46b-44(c)(1).

No children were born to the wife after the date of this marriage.   She had two years of college.   The defendant had completed his doctorate and had a career in education.

At the time of the marriage the plaintiff was a homemaker with no income, a 6% fractional ownership in a parcel of real estate known as 9 Miltiades Avenue, Greenwich, Ct, she valued at $10,000 in 2008, an auto she valued at $500, no other assets and liabilities totaling about $10,000.   Her last employment was as a receptionist in a medical office.

The defendant, a widower, was retired.   He was receiving a weekly pension of $450 gross and Soc. Sec. OAS weekly of $280.   He owned his home located at 14 Silver Beech Road, Riverside, Ct, an auto, and bank accounts of unknown value.

Their married life was disturbed less than two years later by the husband twisting the limbs of the wife, poking her and annoying her after they retired for the night.   He began to absent himself from the home for days at a time with no explanation.   By 2005 the defendant left the house and never returned to resume living there.   The court concludes that the marriage had broken down irretrievably on or about said time.   The defendant was served on February 6, 2008 and he filed a pro se appearance on March 6, 2008.

The plaintiff filed a motion for alimony pendente lite dated May 8, 2008 that was heard on June 23, 2008.   After a hearing attended only by the plaintiff the court ordered $500 weekly alimony with first payment due June 27, 2008.   Since the defendant did not appear the court ordered notice be given him.   The amount ordered was based on the plaintiff's testimony regarding the defendant's substantial bank accounts described by the defendant to her on various time.   On May 9, 2008 the plaintiff mailed defendant a request for mandatory disclosure and production pursuant to Practice Book Sec. 25-32.   On April 15, 2009 the court, on plaintiff's motion for compliance, ordered the defendant to:

“produce requested documents within one week or he will be precluded from objecting to plaintiff's evidence concerning income and assets.”  (Computer document # 119.)

The plaintiff's financial affidavit filed December 5, 2008 lists no income, weekly expenses of $404, liabilities of $39,206 with no weekly payment on any debt, and assets consisting of the fractional real estate interest valued at $50,000, unpaid pendente lite alimony estimated to be $10,000, clothing etc. of $1,000, $28 in bank accounts and a wrongful death claim involving her late single daughter assigned no value.

On the same day the defendant filed a financial affidavit listing total net weekly income as $556.45 weekly expenses of $616, credit card debt of $7,000 and a car loan of $3,000, assets consisting of real estate located at 16 Silver Beech Rd., Riverside, Ct. (i.e.Greenwich) valued at $400,000 with equity the same, Peoples Bank savings account $5,000 and checking $0.00, and 50 shares of General Motors, for a total of $405,150.

The trial was scheduled for September 3, 2010.   The plaintiff appeared with her attorney prepared to proceed.   The defendant was not in the courtroom.   After waiting a reasonable amount of time the court requested the clerk to inquire if the defendant was in the courthouse or if any message of any nature was received from him or from anyone on his behalf.   No information as to his absence was received.   The court then declared the case on trial.   The court then defaulted the defendant for his failure to appear.   The plaintiff began her testimony.   The defendant was in arrears of the pendente lite alimony $48,982 through and including the payment due on the 3rd (Pl.Ex. # 1).

The defendant's Plus Checking account xxx3225 that he maintained at People's United Bank, Bridgeport, Connecticut listed the following summary of deposit account information as of 04/08/2009 (Pl.Ex. # 2).

Plus accounts

Checking $ 342.50

Plus special savings $ 104.69

Plus PMA $337,217.37

1 year Plus CD $ 11,367.55

Total Plus deposit balance $349,032.11

For the 05/08/2009 statement there is on 04/17/2009 a wire transfer of $333,000.00 removed from the account with no indication where the money was sent.

The plaintiff testified that sometime after their marriage the defendant explained to her that he and his first wife lived off her earnings and banked his earnings for their future.

The plaintiff introduced a bank statement of AMSouth Bank, Destin, Florida in the names Bernard R. Traphan or Enrico Biagiotti, 14 Silver Beech Road, Riverside, Ct. 06878-1229 listing “Relationship Money Market” account for the period through August 16, 2004 with ending balance $278,539.11.   The court cannot infer that it is the Defendant's money or money in addition to the Peoples Plus account set out above.

The plaintiff's description of her daughter's wrongful death claim satisfied the court a future result is speculative.   No present value is found by the court.

Having reviewed the evidence in light of the relevant statutes and case law the court renders judgment dissolving the marriage on the ground of irretrievable breakdown and the following orders are entered as part of the judgment.

1. The plaintiff's birth name Banks is restored to her.

2. The plaintiff is awarded the sum of $50,000 as her share of the defendant's assets.   The award shall be secured by judgment lien recorded on the defendant's home.

3. The plaintiff's attorney is awarded an allowance to prosecute of $20,000 payable by the defendant on or before December 15, 2010.

4. The defendant shall pay the plaintiff $300 weekly periodic alimony until the death of either party, the plaintiff's remarriage, her cohabitation as defined by Conn. Gen.Stat. § 46b-84 or October 15, 2013.   The amount is modifiable but the term is not.

5. The pendent lite alimony award is not merged in the judgment but remains to be paid.   The court adds one additional week for 9/10/10 making the amount due $49,482 due the plaintiff from the defendant.

BY THE COURT

HARRIGAN, J.T.R.

Harrigan, Dennis F., J.T.R.