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Mantle v. Sterry11/13/2003
.Defendant-appellant, Pavlova R. Sterry ("appellant"), appeals from the judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations granting appellant and plaintiff-appellee, Michael J. Mantle ("appellee"), a divorce from one another and dividing the parties' marital property.
.The parties were married in Galloway, Ohio, on November 11, 1995, and no children were born as issue of the marriage. Appellee moved out of the marital residence in August 2000, and the parties have lived separate and apart since that time. Appellee filed his complaint for divorce on October 6, 2000. Appellant filed her counterclaim for divorce on November 29, 2000. Both parties moved the court for temporary orders. The court issued temporary orders on February 6, 2001. Therein, the court ordered appellee to pay the first and second mortgage, taxes and insurance on the marital residence, and all debts in his individual name, during the pendency of the divorce. The court ordered appellant to pay all debts in her individual name. The trial in this matter was held on December 20, 2001.
.Appellant's educational background consists of a Bachelor's degree in mathematics, plus additional coursework toward a Master's degree. At the time the parties married, appellant was employed as a statistician by the Treasurer of the State of Ohio, and earned an annual salary of $27,000. In 1997, she accepted a position as an actuary with the Ohio Department of Insurance but was terminated after three months. In 1998, appellant held jobs for several months each with Mr. Mailbox and American Commerce Co., earning a total of $25,413 in that year. She continued to work at American Commerce Co. through 1999 and into 2000, but was terminated in June 2000. Her annual salary at American Commerce Co. was $29,900.
.Appellant has accepted various bookkeeping assignments through a temporary employment agency since the year 2000. She earned a total of $16,451 in the year 2000, and, as of the trial date, she had earned $15,000 in the year 2001, with an average monthly gross income of $1,200. Appellant was not currently in a temporary assignment at the time of trial; she testified this was due to the temporary agency not having any assignments appropriate for her. Appellant testified she had been seeking full-time, permanent employment for over one year, but had not secured such a position as of the date of trial. She testified that her unemployed status is not caused by any physical inability to work.
.Appellee's educational background consists of a high school diploma and a one-year computer programming certificate from a technical school. At the time the parties married, appellee was employed with the office of the Auditor of the State of Ohio. Since 1996, appellee had been employed with the Ohio Bureau of Workers' Compensation. His income during the years 1997 through 2001 ranged from a low of $67,155 in 1997 to a high of $84,000 in 2001. Appellee testified that, in early 2001, he accepted a voluntary demotion from a managerial position to a subordinate position due to the stress caused by the divorce .
.The parties stipulated that they had always maintained separate bank accounts and credit card accounts during the marriage, and each had generally paid for their own clothing and other personal expenses. They further stipulated that appellee had always paid the mortgage, taxes and insurance on the marital residence, and the utilities. At the time of trial, appellant's individual credit card debt totaled $9,806, and appellee's individual credit card debt totaled $75,697.06. The parties stipulated that each would and should be responsible for their own credit card debt.
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