K.F. v. A.F.

CourtSuperior Court of Pennsylvania
DecidedMay 3, 2016
Docket1693 MDA 2015
StatusUnpublished

This text of K.F. v. A.F. (K.F. v. A.F.) 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
K.F. v. A.F., (Pa. Ct. App. 2016).

Opinion

J-S31003-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

K.F., IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

A.F.,

Appellant No. 1693 MDA 2015

Appeal from the Decree September 3, 2015 In the Court of Common Pleas of York County Civil Division at No(s): 2009-FC-001569-02, 2009-FC-001569-15

BEFORE: SHOGAN, OTT, and STRASSBURGER,* JJ.

MEMORANDUM BY SHOGAN, J.: FILED MAY 03, 2016

Appellant, A.F. (“Wife”), appeals from the divorce decree entered on

September 3, 2015, which made final the July 24, 2015 order denying Wife’s 1 exceptions to the Divorce Master’s report and recommendations. After

careful review, we affirm.

In its July 24, 2015 order, the trial court adopted the Master’s findings

of fact:

____________________________________________

* Retired Senior Judge assigned to the Superior Court. 1 The entry of a divorce decree is a prerequisite to an order for alimony or equitable distribution of property. Mensch v. Mensch, 713 A.2d 690, 691 (Pa. Super. 1998) (citations omitted). Therefore, Wife’s notice of appeal, filed on October 1, 2015, is timely because the July 24, 2015 order was interlocutory until the September 3, 2015 divorce decree was entered. Uhler v. Uhler, 594 A.2d 688, 689 n.1 (Pa. Super. 1991). J-S31003-16

1. [Appellee, K.F. (“Husband”) is] an adult individual presently residing [in] Lancaster, PA 17601. Husband was born on 1974 and was forty years of age at the time of the hearing.

2. Husband is in good health.

3. [Wife] is [A.F.], an adult individual presently residing [in] Lancaster, PA 17603. Wife was born on 1970 and was forty- three years of age at the time of the hearing. She was born in Mexico, but is now a citizen of the United States.

4. Wife is in good health; she recently had nodules removed from her thyroid, but they were benign. She does not suffer from any after-effects that interfere with her employment.

Marriage, Separation and Support

5. The parties were married on December 30, 2004 in Arizona. This was the second marriage for Husband and the first marriage for Wife. Husband’s first marriage ended in divorce.

6. The parties separated on September 4, 2009.

7. Wife was served with a copy of the Complaint by certified mail on October 1, 2009.

8. The parties are the parents of one minor child [(“Child”)], who was born in 2006. The parties share custody of [Child] equally. Husband has a fourteen-year-old child from a prior relationship. Wife also has fourteen-year-old twins from a prior relationship.

9. Husband pays Wife $3,200 per month as unallocated support for Wife and [Child], effective December 18, 2009. Stipulation 7 and Exhibit P-1. Husband pays $350 per month in support for his fourteen-year-old child. Wife does not receive child support for the twins; their father is believed to be located in Mexico. Stipulation 2.

Education and Employment

10. Husband obtained his Bachelor of Science degree in Electrical Engineering Technology from Penn State University in 1996. Stipulation 4.

-2- J-S31003-16

11. When the parties married, Husband was employed by Thompson Displays America in Mexico. Husband earned $111,064 (gross) from his employment in 2004. Exhibit P-5.

12. The parties relocated to California in December 2005. Husband continued to work for the same employer until mid- 2006.

13. Husband and Wife started their own business in 2006 making stone veneer for residential construction. The business was not successful.

14. Husband went to work for the Imperial County School District to supplement income from the veneer business. He worked there for one year and approximately seven weeks. See Exhibit P-8.

15. Husband is currently employed at Dawn Food Products, Inc. as an executive. He has been with the company since 2008. He was hired as an engineering manager at a facility in south- central Pennsylvania, so the parties relocated to York County.

16. Husband currently earns $155,000 per year, not including his annual performance bonus. Husband’s performance bonus in 2013 was $14,000. Stipulation 4.

17. Wife has the equivalent of an accounting degree that she earned in Mexico and she recently graduated from a program at York Technical Institute (Y.T.I.) with a certification in medical coding and billing. Stipulation 4.

18. Wife had worked as an accountant for a group of gasoline stations in Mexico for about five years when the parties married.

19. Wife did not work outside the home after the parties moved to the United States in 2005, but assisted Husband with the operation of the stone veneer business.

20. Wife found employment as a book-keeper for Shell’s Disposal & Recycling in 2009. She initially worked full-time, but cut back to about six hours per day when she started taking classes at Y.T.I. She earned $11 per hour with no fringe benefits.

-3- J-S31003-16

21. Wife earned $11,696 (gross) from employment in 2011 and $19,851 (gross) in 2012. Exhibit D-5.

22. Wife began working for Southeast Lancaster Health Services on March 27, 2014. She earns $11 per hour for a forty hour week. Health insurance is available to her through employment; she does not currently participate in any retirement plan. Stipulation 6 and Exhibit D-6.

Marital property and debts

23. Neither party brought any significant asset to the marriage.

24. The parties owned the following marital property when they separated:

a. 2008 Toyota Highlander retained by Husband that was not valued but distributed without set-off. Stipulation 8. The Highlander was financed, and Husband has paid the loan since separation.

b. 2009 Dodge Cirrus retained by Wife that was not valued but distributed without set-off. Stipulation 8.

c. PNC Bank checking account with a minimal balance retained by Husband.

d. PNC Bank savings account #4925. The balance in this account on the date of separation is unknown, but Husband acknowledged that he withdrew $15,000 from this account on September 1, 2009 in anticipation of separation. Stipulation 10.

e. Husband’s CalPers retirement account, with accumulated employee contributions and interest in the amount of $6,950.52 as of June 30, 2012. Stipulation 11. This account accrues interest at the rate of 6% per annum. Exhibit P-8.

f. Husband’s Prudential Roth IRA account with a balance of $14,639 as of September 30, 2013. Stipulation 12.

-4- J-S31003-16

g. Wife’s Prudential Roth IRA account with a balance of $13,656 as of June 28, 2013. Stipulation 12.

h. Miscellaneous household goods and other personal property not listed above that were distributed between the parties without set-off.

25. The parties had no marital debts that were disclosed to the master at the time they separated, other than the automobile loan referenced above.

Post-separation events

26. Husband made direct support payments in the aggregate amount of $3,566 to Wife between the date of separation and December 18, 2009 (the effective date of the support order). Exhibit P-6.

27. Husband made additional direct payments to Wife in the aggregate amount of $9,444 between December 29, 2009 and March 15, 2010. Exhibit P-6.

28. Husband did not receive credit against support arrears for the $9,444 paid directly to Wife. …

29. Since the parties separated, Husband has begun contributing 10% of his salary to the Dawn Foods Profit Sharing Plan (Exhibit P-7) and Wife has acquired a 2006 Dodge Stratus. This is the only non-marital property disclosed to the master.

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

Related

Mensch v. Mensch
713 A.2d 690 (Superior Court of Pennsylvania, 1998)
Gates v. Gates
933 A.2d 102 (Superior Court of Pennsylvania, 2007)
Uhler v. Uhler
594 A.2d 688 (Superior Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
K.F. v. A.F., Counsel Stack Legal Research, https://law.counselstack.com/opinion/kf-v-af-pasuperct-2016.