Cioffi v. Cioffi

885 A.2d 45, 2005 Pa. Super. 311, 2005 Pa. Super. LEXIS 3393
CourtSuperior Court of Pennsylvania
DecidedSeptember 7, 2005
StatusPublished
Cited by6 cases

This text of 885 A.2d 45 (Cioffi v. Cioffi) 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
Cioffi v. Cioffi, 885 A.2d 45, 2005 Pa. Super. 311, 2005 Pa. Super. LEXIS 3393 (Pa. Ct. App. 2005).

Opinions

TAMILIA, J.:

¶ 1 Husband, Fred W. Cioffi appeals from the August 9, 2004 Order granting the petition to enforce Qualified Domestic Relations Orders filed on behalf of appel-lee-wife and entitling her to a marital portion of husband’s Boilermaker and Teamsters pensions pursuant to the parties’ Property Settlement Agreement. After careful review, we reverse and remand for proceedings consistent with this Opinion.

¶ 2 The trial court set forth the relevant facts and procedural history as follows:

The parties were married on June 17, 1978 and divorced on August 12, 1994. As part of the divorce, the parties executed a Property Settlement Agreement, which provides at paragraph 7 as follows:
“The parties acknowledge that the marital estate includes Husband’s pension interest under the Teamster’s Local Union No. 211, Pittsburgh Press Company Pension, and the Boilermaker’s Retirement Account. To implement this Agreement, the parties shall enter into a qualified domestic relation order assigning to Wife sixty (60%) percent of the marital portion of Husband’s benefit accrued through March 1, 1990.” Paragraph 7, Property Settlement Agreement
Pursuant to the above, the parties executed two separate Qualified Domestic Relation Orders dated July 22, 1994 for the Boilermaker-Blacksmith National Pension Trust (hereinafter “Boilermaker Plan”) and the Teamsters Local No. 211 Pension Plan (hereinafter “Teamsters Plan”). Husband worked in “covered employment” under the Teamsters Plan from March 16, 1987 through March 1, 2000. It is unclear from the record the period of time that he worked under the Boilermaker Plan.
Husband was awarded Social Security disability beginning November, 1999 based on a determination that he became disabled on May 3, 1999.1 On December 9, 1999, Husband applied for a pension with the Boilermaker Plan. The pension application completed by Husband indicated that: “... I want to retire on a .. .DISABILITY PENSION (NO AGE REQUIREMENT).” (Ex. 11) Husband was notified that his application was approved by a letter of January 26, 2000 granting him a disability pension benefit of $875.67 per month effective November 1, 1999. (Ex. 12).
On February 8, 2000, Husband completed an Application for Disability Benefits under the Teamsters Plan. Husband’s application to the Teamsters Plan stated: “I hereby apply for payment of a disability benefit under the Plan.” (Ex. 4) Husband began receiving a monthly disability benefit under the Teamsters Plan effective March 1, 2000 in the amount of $1,425.00. (Ex. 5)
Husband failed to notify Wife that he was receiving payments from either pension plan. In fact, Husband specifically stated on the pension application to the Boilermaker Plan that he was not covered by any domestic relations order [47]*47which would affect his benefits. In 2002, Wife apparently learned that Husband was receiving benefits under the pension plans and therefore resubmitted the QDRO to the Boilermaker Plan. As a result, the Boilermaker Plan began to make payment to Wife of a portion of Husband’s monthly benefit. (Ex. 13) The Teamsters Plan, despite being notified of the QDRO, never made any payment to Wife.
In December 2003, Wife filed the Petition to Enforce Qualified Domestic Relation Orders alleging that Husband was collecting benefits under the pension plans to which she was entitled pursuant to the parties Property Settlement Agreement. A hearing was held on June 22, 2004 at which time the parties stipulated to the Property Settlement Agreement, the QDRO’s of July 22, 1994, the applications and receipt of the benefits under the pensions, the documentation for the Teamsters Plan and the Boilermaker Plan, and the Social Security disability award.
Based on the evidence of record, this Court entered its Order of August 9, 2004, which found that the benefits that Husband was receiving pursuant to his pension with both plans were marital assets. Further, Husband owed Wife $17,061.88 from Husband’s pension with the Boilermaker Plan. The Plan was ordered to begin payment to Wife, effective September 1, 2004 at the rate of 60% of the monthly benefit in accordance with the QDRO and an additional 15% to reimburse her for the $17,061.88. This Court further ordered that Husband owed Wife $50,880.00 from the Teamsters Plan and, effective September 1, 2004, the Teamsters Plan was to pay Wife 60% of the monthly benefit and an additional 15% to reimburse her for the $50,880.00. Husband’s request to discontinue Wife’s receipt of benefits from the Boilermaker Plan was denied as well as Wife’s request for counsel fees. Husband filed a timely appeal.

Trial Court Opinion, Todd, J., 11/22/04, at 2-3.

¶ 3 On appeal, husband raises five issues for our review:

A. Whether the lower court erred by finding that the Husband’s post-divorce disability benefits were a marital asset to be divided between the parties?
B. Whether the lower court erred in awarding to Wife a portion of Husband’s post-divorce disability benefits when the parties waived any right to alimony, maintenance, and support in their marital Property Settlement Agreement?
C. Whether the lower court erred in failing to consider that the marital portion of Husband’s retirement pension benefits divided between the parties in their Property Settlement Agreement have in no way been disturbed, distributed, or in any way dissipated by Husband’s post-divorce receipt of disability benefits, and the uncondradieted evidence shows that Wife will receive her total, unaltered distribution of Husband’s retirement pensions as agreed by the parties in their Property Settlement Agreement when Husband retires?
D. Whether the trial court erred in failing to consider that Husband’s [48]*48disability benefits will extinguish if Husband returns to work?
E. Whether the lower court erred in awarding to Wife 75% of Husband’s monthly disability benefits, leaving disabled Husband to five and subsist off of 25% of the allowance?

Appellant’s brief at 4.

¶ 4 “The determination of marital property rights through prenuptial, post-nuptial and settlement agreements has long been permitted, and even encouraged.” Sabad v. Fessenden, 825 A.2d 682, 686 (Pa.Super.2003) (citation omitted). In reviewing a court’s Order to uphold a marital property settlement agreement, we are limited to determining whether the trial court clearly abused its discretion or committed an error of law. See Busch v. Busch, 732 A.2d 1274 (Pa.Super.1999); Holz v. Holz, 850 A.2d 751 (Pa.Super.2004). If the trial court’s determination is supported by the record, we may not substitute our own judgment for that of the trial court nor “usurp the trial court’s factfinding function.” Holz, supra at 757 (citations' omitted).

¶ 5 In this case, the parties entered into a marital property settlement agreement which specifically addresses the distribution of husband’s pension plan income. In relevant part, the Property Settlement Agreement provides:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Morrison, M. v. Morrison, H.
Superior Court of Pennsylvania, 2023
Aegis Security v. Greater Johnstown Water
Superior Court of Pennsylvania, 2019
Berkowitz v. v. Berkowitz, J.
Superior Court of Pennsylvania, 2016
Dechant v. Dechant
24 Pa. D. & C.5th 211 (Bucks County Court of Common Pleas, 2011)
Halpern v. Halpern
926 A.2d 445 (Superior Court of Pennsylvania, 2007)
Cioffi v. Cioffi
885 A.2d 45 (Superior Court of Pennsylvania, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
885 A.2d 45, 2005 Pa. Super. 311, 2005 Pa. Super. LEXIS 3393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cioffi-v-cioffi-pasuperct-2005.