J-A26023-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

LAURIE A. CAPORALI A.K.A. LAURIE 

ZUNIC

IN THE SUPERIOR COURT OF

PENNSYLVANIA

v.

EDWARD J. ZUNIC, JR.

Appellant No. 97 WDA 2016

Appeal from the Decree December 22, 2015

in the Court of Common Pleas of Allegheny County

Civil Division at No(s): FD-12-007028-016

BEFORE: BENDER, P.J.E., RANSOM, J., and MUSMANNO, J.

MEMORANDUM BY RANSOM, J.: FILED NOVEMBER 28, 2016

Edward J. Zunic, Jr. (“Husband”) appeals from the December 22, 2015 

decree in divorce from Laurie A. Caporali a.k.a. Laurie Zunic (“Wife”) and the 

equitable distribution order incorporated therein. Husband also appeals from 

the trial court’s order of November 30, 2012, finding that Husband and Wife 

had entered into a common law marriage. We affirm.

We adopt the following statement of facts taken from the trial court’s 

opinion, which in turn is supported by the record. See Trial Court Opinion 

(TCO), 3/14/16, at 1-4. Husband and Wife met in 1990 and continuously 

cohabited from 1991 until their separation on October 20, 2011. They 

owned a jointly titled home. Together, they have four children. 

Wife filed a complaint in divorce on May 4, 2012, alleging that she and 

husband were married and raising claims for divorce, alimony pendente lite, 
J-A26023-16

- 2 -

alimony, equitable distribution, exclusive possession of the parties’ jointly 

titled residence, injunction from dissipation of marital property, and counsel 

fees and expenses. 

On May 14, 2012, Husband filed preliminary objections and a petition 

for declaratory relief seeking a declaration that no common law marriage 

existed between the parties. Wife filed a response in opposition. The trial 

court held an evidentiary hearing on November 8-9, 2012, at which both 

parties appeared and presented evidence and testimony.

In support of her contention that the parties had a common law 

marriage, Wife testified that the parties considered themselves married as of 

November 24, 1991, after the christening of their first child. At some point 

thereafter, Husband proposed to her with a diamond and gold solitaire ring. 

They promised to spend their lives together and planned their married life, 

with Wife as a stay-at-home mother and Husband working to provide for the 

family. Husband also gave Wife a gold band ring that she wore on her left 

ring finger, along with the diamond ring, throughout their twenty-year 

relationship.

Wife testified that she used the name “Laurie Zunic” and Husband did 

not object. Wife provided evidence of her use of the name, including: a 

deed for the jointly-titled residence; a voided check listing the parties as 

account owners; a mortgage interest statement; the children’s school 

directory; correspondence from the school; utility bills; a wedding invitation; 

and a contract for home repairs. Wife used the name “Laurie Caporali” for 
J-A26023-16

- 3 -

identification in government documents, medical documents, student loans, 

and other instances requiring the use of her legal name and marriage status.

Husband testified that throughout their twenty-year relationship, the 

parties never discussed marriage. Although he knew Wife wore the diamond 

ring, he claimed it was not an engagement ring and denied giving Wife a 

wedding band. In support of his contention that the parties were not 

married, Husband introduced car and homeowner’s insurance, student loan, 

and documents related to government welfare and medical benefits referring 

to Wife as “Laurie Caporali.” Husband testified he was unaware that mail or 

the mortgage documents referred to Wife as “Laurie Zunic” and insisted he 

had told Wife to stop using that name.

Wife presented several witnesses, including the parties’ pastor, 

neighbors, and friends, who testified that they were introduced to Wife as 

“Laurie Zunic” and believed the parties to be married. Husband presented a 

single witness who denied that the parties presented themselves as husband 

and wife and believed they were not married.1

____________________________________________

1 Both parties also testified about an incident in 2012, when items, including 

Wife’s rings, televisions, furniture, cookware, televisions, memorabilia, and 

pictures of the children, were taken from the marital home. Husband 

admitted to removing the televisions and photographs but claimed a burglar 

had stolen the rest of the items. Husband also repeatedly denied under oath 

that he had given money to his new fiancée for the purchase of a home. 

However, when confronted with a gift letter he had signed, Husband 

acknowledged that he had given her the money.
J-A26023-16

- 4 -

On November 30, 2012, the court entered an order finding that the 

Husband and Wife had entered into a common law marriage on November 

24, 1991.2

On January 15, 2015, the parties appeared before a master. On 

January 26, 2015, the master filed a report and recommendation that Wife 

receive 60% of the marital estate, 60% of Husband’s pension, the jointly 

titled residence, and alimony of $900.00 per month for ten years. Husband 

filed a motion to stay the recommendation for payment of alimony, which 

was denied. Husband filed exceptions to the recommendations, arguing that 

the parties were never married. The court dismissed the exceptions on May 

18, 2015. The court entered a decree in divorce on December 23, 2015.3 

Appellant timely filed the instant appeal and a court-ordered Pa.R.A.P. 

1925(b) statement. The trial court issued a responsive opinion.

We would first note that Husband’s brief does not include a statement 

of questions involved pursuant to Pa.R.A.P. 2116(a). See Pa.R.A.P. 

2116(a); see also Southcentral Employment Corp. v. Birmingham Fire 

____________________________________________

2 After the entry of that order, Husband filed a motion for leave to appeal to 

this Court, requesting that the trial court enter its common law marriage 

ruling as a final order pursuant to Pa.R.A.P. 341(c), which the trial court 

denied.

3 During the pendency of divorce proceedings, Husband’s actions forced the 

trial court to enter numerous other orders including: ordering Husband to 

revoke a quitclaim deed he had had Wife sign while she was recovering from 

surgery; ordering Husband to reinstate Wife as a beneficiary to his pension 

and life insurance policies; and appointing Wife as an agent to avoid 

foreclosure of the jointly-titled residence.
J-A26023-16

- 5 -

Ins. Co. of Pennsylvania, 926 A.2d 977, 983 n. 5 (Pa. Super. 2007) 

(noting issues not explicitly raised in the statement of questions involved are 

waived). However, as the statement of questions is mentioned in the table 

of contents and its omission appears inadvertent, we decline to find waiver.

On appeal, Husband challenges the trial court’s finding that the parties 

had entered into a valid, common law marriage. Husband avers that Wife

did not prove by clear and convincing evidence that verba in praesenti were 

exchanged and also challenges the weight of the evidence. Appellant’s Brief 

at 4, 14.

In equitable distribution proceedings, the trial court has broad 

discretion in fashioning an award, and an award will not be overturned 

absent an abuse of discretion. Brown v. Brown, 669 A.2d 969, 972 (Pa. 

Super. 1995). The court makes determinations concerning the weight of the 

evidence and the credibility of witnesses and conclusions of law, and where 

they are supported by the record and absent an abuse of discretion, we will 

not overturn the ruling. Staudenmayer v. Staudenmayer, 714 A.2d 

1016, 1022 (Pa. 1998); see also Childress v. Bogosian, 12 A.3d 448, 455 

(Pa. Super. 2011); see also Mackay v. Mackay, 984 A.2d 529, 533 (Pa. 

Super. 2009).

The instant matter involves a common law marriage. A common law 

marriage may only be created by an exchange of words in the present tense, 

spoken with the specific purpose that the legal relationship of husband and 

wife is created by such exchange. Staudenmayer, 714 A.2d at 1020. The 
J-A26023-16

- 6 -

burden of proving the existence of a common law marriage rests on the 

proponent of the marriage, and courts review such a claim with scrutiny. 

Bell v. Ferraro, 849 A.2d 1233, 1235 (Pa. Super. 2004). The agreement 

may be made without a witness and does not require a specific form of 

words, only that the party demonstrates a present, legal intent to enter into 

the legal relationship of marriage. See Staudenmayer, 714 A.2d at 1020. 

When the parties are available to testify, the party claiming the 

common law marriage must produce clear and convincing evidence of the 

exchange of these words, or verba in praesenti. Staudenmayer, 714 A.2d 

at 1021. If a party can produce clear and convincing evidence of the 

exchange, the verba in praesenti creates a rebuttable presumption in favor 

of common law marriage. Id. However, when faced with contradictory 

testimony, the party claiming a common law marriage may introduce 

evidence of constant cohabitation and reputation of marriage to support 

their claim. Id.

Husband claims that Wife did not establish by clear and convincing 

evidence that verba in praesenti were exchanged. Husband argues that 

because no date was established for the exchange, because Wife had stated 

on several documents that she was not married, and because his fact 

witness denied that verba in praesenti were exchanged, Wife could not meet 

her burden. 

However, the trial court found credible Wife’s testimony that the 

parties verbally promised to spend their lives together, planned their lives as 
J-A26023-16

- 7 -

husband and wife, and Husband gave Wife engagement and wedding rings. 

The trial court did not find credible Husband’s testimony that the parties had 

never discussed marriage. TCO at 5-7. We may not disturb these credibility 

finding on appeal. Staudenmayer, 714 A.2d at 1022. 

Husband’s argument regarding the uncertainty of the date is equally 

unavailing, as he does not cite any case law that establishes that a party 

must supply a date verba in praesenti were exchanged. See Giant Food 

Stores, LLC v. THF Silver Spring Development, L.P., 959 A.2d 438, 444 

(Pa. Super. 2008) (“Appellant’s issue on appeal is waived because 

[Appellant] has failed to set forth in its appellate brief any citation to legal 

authority pertaining to [Appellant's] argument.”). Additionally, as both Wife 

and Husband appeared and offered contradictory testimony at the hearing, it 

was appropriate for the trial court to consider other evidence, including 

cohabitation and a reputation of marriage, to determine whether a marriage 

existed. See Staudenmayer, 714 A.2d at 1021. Thus, the trial court 

properly considered evidence that the parties had cohabited for twenty years 

with no significant gaps, and that they had a reputation for marriage in the 

community, including at their children’s school, with their church, and with 

their friends.

Finally, Husband makes a number of arguments that are, essentially, 

challenges to the weight of the evidence, including 1) Wife stated she was 

unmarried on affidavits of paternity; 2) Wife was not listed as a spouse on 

the tax returns Husband filed as head of household; 3) Wife changed her 
J-A26023-16

- 8 -

testimony regarding the date the parties entered into the marriage; 4) 

documents requiring legal identification identified Wife as “Laurie Caporali” 

rather than Laurie Zunic; 5) the trial court disregarded the testimony of 

Kiersten Frankowski. Husband avers that because Wife “did not 

acknowledge” the marriage, the trial court erred in finding that a common 

law marriage existed. Appellant’s Brief at 14-20. 

As noted above, it is the trial court’s exclusive province to determine 

the weight to be assigned to the evidence and testimony of witnesses. 

Mackay, 984 A.2d at 533. The trial court heard the testimony and weighed 

the evidence, and found Wife’s testimony credible that she referred to 

herself as unmarried and used the name “Laurie Caporali” when legal 

documentation and identification was required, but that otherwise she used 

the name “Laurie Zunic” and was known as “Laurie Zunic” in the community. 

The trial court found credible the testimony of Wife and Wife’s witnesses, 

namely, that the parties considered themselves married, presented 

themselves as married, and were known as married in the community. TCO 

at 8-14.

The trial court did not find credible Husband’s testimony that he 

objected to her use of the name “Zunic,” or that he was unaware of her use 

of the name on the mortgage documents. The trial court noted additional 

instances of Husband’s dishonestly, referencing the quitclaim deed, the 

missing personal items, and his denial under oath that he had given money 

to his fiancée. TCO at 8-14.
J-A26023-16

- 9 -

The record supports the trial court’s conclusions that, based upon 

these credibility determinations and the evidence introduced at the hearing, 

the parties entered into a common law marriage. Accordingly, the trial court 

did not abuse its discretion. See Staudenmayer, 714 A.2d at 1021; see 

also Childress, 12 A.3d at 455. 

Order affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/28/2016