Bradshaw, G. v. Bradshaw, G.

CourtSuperior Court of Pennsylvania
DecidedDecember 3, 2021
Docket602 WDA 2021
StatusUnpublished

This text of Bradshaw, G. v. Bradshaw, G. (Bradshaw, G. v. Bradshaw, G.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradshaw, G. v. Bradshaw, G., (Pa. Ct. App. 2021).

Opinion

J-S32031-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

GREGORY BRADSHAW : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : GENEVIEVE R. BRADSHAW : No. 602 WDA 2021

Appeal from the Decree Entered May 5, 2021 In the Court of Common Pleas of Allegheny County Family Court at No(s): FD-18-007403-002

BEFORE: LAZARUS, J., MURRAY, J., and MUSMANNO, J.

MEMORANDUM BY MUSMANNO, J.: FILED: DECEMBER 3, 2021

Gregory Bradshaw (“Husband”) appeals from the Order equitably

distributing the marital assets of Husband and Genevieve Bradshaw (“Wife”),

which was made final by the entry of the May 5, 2021, Divorce Decree. We

affirm.

Husband and Wife married on September 1, 1989, and separated on

February 26, 2018. As of December 2019, Wife was 63 years old, and

Husband was 62 years old. No children were born of the marriage, although

Wife has two adult daughters. On December 11, 2019, a hearing was held

before Melanie Shannon Rothey, Esquire, Permanent Master (“the Master”),

on the issues of equitable distribution, alimony, and counsel fees/expenses.

Husband and Wife submitted multiple oral and written stipulations for the

Master’s consideration. J-S32031-21

The Master filed her Report and Recommendation on January 8, 2020.

In that report, the Master set forth the following summary of Husband and

Wife’s testimony at the equitable distribution hearing:

Husband testified as follows:

Husband … is a high school graduate, [and] worked at a variety of jobs during the marriage, culminating in his current position as a bus operator with the Port Authority of Allegheny County, where he has worked since September 25, 2000[,] and will earn approximately $91,000 gross income in 2019. The parties were married on September 1, 1989[,] in Texas. When they moved to Pittsburgh the following year, they moved into a four-unit property located at 320 First [Street] [(“First Street Property”)], that Wife and her three siblings inherited from her [f]ather, [located in Pittsburgh, Pennsylvania]. In 2009, the parties purchased one sibling’s 25% interest for $30,000. When the First [Street] property was sold in 2015, the parties moved into the Altmeyer Alley property [(“Altmeyer Property”)], [located in Pittsburgh, Pennsylvania,] which is a four-unit rental property purchased by the parties in 2002.

The Altmeyer [P]roperty is designated as 129 Altmeyer Alley, which is a two-unit building, with Husband residing in Apartment 1[;] and 131 Altmeyer Alley, which is a two-unit building, with Wife residing in Apartment 1. Husband collects the $575 rent on 129 Altmeyer Alley, Apartment 2[;] []Wife collects the $700 rent on 131 Altmeyer Alley, Apartment 2. Husband pays the mortgage, taxes, and insurance of $1,315.69 [per month], which covers all four units.

In 1990, the parties entered into a lease for a campground at Moraine Camplands in Slippery Rock, PA. There is a 1994 Vanguard trailer on the property. Husband estimated the value of the trailer and the property to be $20,000. The parties sold a second lot in the same campground for $6,000 in 2014 and deposited the funds into the Port Conneaut F[ederal] C[redit] U[nion] Account.

-2- J-S32031-21

In 2012, the parties purchased a residence located at 942 Harbor Street, Conneaut, OH, which was to be their retirement home. The mortgage on the property was paid off in October 2019.

The parties have two boats—a 1994 Carolina Skiff with a stipulated value of $1,000[,] and a 21-foot Seaswirl Striper fishing boat, which Husband valued at $4,000.

With regard to motorcycles, Husband testified that the parties purchased a 1998 Harley-Davidson in 2004. After the bike was confiscated by the FBI, the parties discovered that it was assembled from stolen parts of other bikes. Husband valued the Harley at $3,000, or “maybe $0”. Also, the parties have a 1990 Yamaha Route 66 250 hp motorcycle with a stipulated value of $1,000.

Each party has a firearms collection. Husband owns 10 long guns and “4 or 5” pistols, some of which he owned prior to the marriage. There were 2 shotguns and 5 pistols purchased during the marriage with a total value of $2,500. These guns are in a gun safe in Wife’s basement. Wife owns 4 guns—a .44 Magnum, a 20- guage pump shotgun, a Ruger, and a .357, with a total value of $1,000.

Wife testified as follows:

Wife … worked as a [licensed practical nurse] and a registered nurse during the marriage. Her most recent employment with [Allegheny Health Network (“AHN”)] as a Case Manager ended in March 2019, when she went on Short-Term Disability due to surgery on her right hand, which was followed by surgery on her left hand in May 2019. She had blepharoplasty surgery (eye lid surgery) in July 2019, her rotator cuff repaired in September 2019, and a second surgery on her left hand in November 2019. She was terminated from AHN on July 9, 2019, as she had exhausted her [Family Medical Leave Act] leave and personal leave, and she was unable to return to work. Wife stated that she can no longer meet the requirements of her job (i.e., she cannot lift 50 pounds, she cannot perform CPR, she cannot draw blood, etc.). Wife received Short-Term Disability at $704/week for a period of 5 weeks. She began receiving Long-Term Disability at $3,137.18/month on September 27, 2019, which will terminate on June 10, 2022, when she is eligible to collect her full Social Security benefit.

-3- J-S32031-21

Wife agrees with Husband that the parties each had a collection of firearms. She estimated the value of Husband’s firearms to be $6,000. She did not place a value on her firearms.

When her [f]ather died in 1989, [Wife] and her three siblings inherited the First Street [P]roperty. The parties lived in the property, rent-free, for 24 years. They paid the real estate taxes and homeowner’s insurance. In 2009, the parties purchased one sibling’s 25% interest for $20,240 ($880/month x 23 months). The property was sold on August 3, 2015[,] for $289,000, plus $48,000 for the household goods and furnishings. Wife’s share of the proceeds w[as] deposited as follows: $144,192.13 on August 4, 2015[,] into the parties’ joint PNC Bank Savings Account #1594 and $27,381.32 on August 7, 2015[,] into the parties’ joint Port Conneaut FCU Account.

Wife provided a detailed Budget as Exhibit Z. She will be eligible for full Social Security Benefits when she is 66 years, 4 months of age. At that time, she will be entitled to claim a monthly benefit, based upon her earnings record, of approximately $1,623. She has applied for Social Security Disability, which would provide her with a benefit of approximately $1,441/month.

Master’s Report and Recommendation, 1/8/2020, at 4-7 (citations omitted).

At the Master’s Hearing, the parties also testified regarding a property

on Murtland Street (“the Murtland Street Property”), located in Pittsburgh,

Pennsylvania, which was purchased for one of Wife’s daughters. The Murtland

Street Property was purchased almost immediately after the sale of the First

Street Property, using funds from the proceeds of the First Street Property.

N.T. 12/11/19, at 16, 126. Wife’s daughter made monthly payments for the

Murtland Street Property, and the funds were either deposited in the Greater

Pittsburgh Federal Credit Union (“Greater Pittsburgh FCU”) account or Wife

kept the funds. Id. at 17.

-4- J-S32031-21

Following the hearing, Husband filed a Petition to Reopen the Record.

Petition to Reopen the Record, 12/27/19. In that Petition, Husband averred

that after reviewing the exhibits and testimony, counsel realized that Husband

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