Turner v. Turner9/30/2002
ll such conversations, he did not dispute that he may have made such remarks.
As BSL prospered, the parties enjoyed a standard of living commensurate with the Company's success. The parties purchased their marital home in Mt. Airy in 1991 for the sum of $349,000. Thereafter, they made substantial improvements to it, at a cost of about $223,650. The fair market value of the home was in dispute at trial, with expert valuations ranging from $380,000 to $475,000.
Appellant claimed that she and her husband devised a financial plan in 1996, by which they intended to pay off the mortgage on their home by January 2000, so that they could reduce their financial burden and spend more time on recreation. To accomplish their objective, they made additional payments of mortgage principal each month.
Ms. Turner recalled that problems in the marriage surfaced in 1995, when she noticed that Mr. Turner was coming home less frequently. By 1996, she suspected that he was involved with drugs and other women. Ms. Turner's concerns were confirmed in January 1997, when she discovered that appellee was using cocaine and had a relationship with another woman. Appellant also learned on June 9, 1997, that appellee had been removing cash from BSL. Soon afterwards, the parties separated.
On August 10, 1997, the Turners executed an Agreement providing for the payment to appellant of a weekly salary from BSL of $2500, and a reduction of Mr. Turner's salary to the same amount, $2500 per week. They also agreed to the payment of equal Company bonuses. Although BSL apparently paid for appellee's car, insurance, gas, and cellular telephone, appellant did not receive comparable benefits. Further, the Agreement contemplated Ms. Turner's continued involvement in BSL, because she was to have access to certain financial records of the Company in order to complete the Company's tax returns for 1994, 1995, and 1996.
Following a pendente lite hearing before the master in December 1998, the terms of the Agreement were, in effect, incorporated into an Order dated December 11, 1998. Mr. Turner was ordered to pay $2756.61 per week in alimony, effective August 1, 1998, which represented $2500 per week in alimony, comparable to the salary expressed in the August 1997 Agreement, plus a pro rata weekly portion of an additional monthly payment of $1112 for prepayment of principal on the mortgage. The mortgage payments were to be made by appellant.
At trial, Ms. Turner admitted that from 1976 until 1994 both parties diverted funds from BSL for personal use, and to pay some BSL employees "under the table." Appellant claimed, however, that the practice originated with appellee. Although the monies were not recorded on BSL's books, Ms. Turner kept records of the diverted funds, so that she would be able to account for the monies in case they were caught by the Internal Revenue Service ("IRS"). The Turners referred to these funds as "NC" money, meaning "not claiming."
When a former BSL employee threatened in 1994 to disclose the parties' conduct to the IRS, the Turners decided to terminate this practice. Ms. Turner maintained that she was unaware that appellee had resumed the "NC" practice until the parties separated in June 1997. At that time, she found a folder marked "NC" in appellee's office, and learned that Mr. Turner had resumed the illegal activity in 1995. Accordingly, appellant demanded an accounting of the monies appellee had taken, and an amount equal to what he took. She also threatened to report appellee to the IRS if he failed to comply.
By March 1999, appellee conceded that he had taken NC funds of approximately $112,000 from BSL. By then, however, appe
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