Kittle v. Kittle

197 F. App'x 107
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 13, 2006
Docket05-1890
StatusUnpublished

This text of 197 F. App'x 107 (Kittle v. Kittle) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kittle v. Kittle, 197 F. App'x 107 (3d Cir. 2006).

Opinion

*109 OPINION

PER CURIAM.

Nettie J. Kittle, acting pro se, appeals from an order of summary judgment in favor of Steven G. Kittle in his action under 28 Pa. C.S.A. § 8705 to enforce a judgment of a Missouri state court effecting an equitable division of property between the former spouses. She also appeals from the District Court’s denial of her motion to seal the record. For the reasons stated below, we will affirm the orders of the District Court.

The facts relevant to this appeal are as follows. The parties were married in 1981 and had a child in 1982. They were separated in 1992. During the marriage, both parties resided in Missouri. After the separation, Ms. Kittle moved to Pennsylvania, while Mr. Kittle remained in Missouri. Divorce proceedings were commenced in the Circuit Court of Greene County, Missouri, which granted a divorce in 1994. In 1998, the Greene County court conducted a hearing in order to determine the equitable division of property between the former spouses. Both parties appeared and were represented by counsel at the hearing. The Greene County court issued a statement of findings and recommendations regarding the distribution of marital property, which was adopted and issued as the final judgment on April 15, 1999. In re Kittle, No. 192DR2965, at 7-8 (Mo.Cir. Ct. Apr. 15, 1999).

As part of that judgment, the court held that two parcels of improved real estate located in Scranton, Pennsylvania (“Scranton properties”), which were bequeathed to Mr. Kittle by his mother, were non-marital property belonging solely to Mr. Kittle. The two parcels are located in Scranton at 2045 Edna Avenue and 1310 Amherst Avenue. Ms. Kittle currently resides at the Amherst Avenue property.

The Greene County court also found that Ms. Kittle had seized a deed to the real estate from Mr. Kittle’s residence and fraudulently added her name. Accordingly, the court ordered Ms. Kittle to surrender any and all deeds to the properties in her possession and any other relevant documents. The court specifically transferred all issues related to custody and visitation of the couple’s child to Pennsylvania courts. The judgment was affirmed by the Missouri Court of Appeals on September 15, 2000. Kittle v. Kittle, 31 S.W.3d 127 (Mo.Ct.App.2000).

Mr. Kittle filed a petition to enforce the Missouri decree of distribution of marital property under 23 Pa.C.S.A. § 3705 on June 2, 2003, in the Pennsylvania Court of Common Pleas in Lackawanna County, seeking to quiet title to the properties and such relief as the court thought necessary to enforce the judgment. Ms. Kittle, a citizen of Pennsylvania, removed the action to federal court under 28 U.S.C. § 1441, based on diversity of citizenship, as Mr. Kittle remains a citizen of Missouri. On January 3, 2005, the District Court for the Middle District of Pennsylvania granted Mr. Kittle’s motion for summary judgment, finding that the issues Ms. Kittle sought to litigate had already been fully litigated and decided by the Missouri state court, whose judgment was entitled to full faith and credit. The District Court denied Ms. Kittle’s post-judgment motion to reconsider on February 15, 2005.

Pursuant to several motions by Ms. Kittle, the District Court also ordered that social security numbers of the parties and their son be redacted from the state court record filed as part of Mr. Kittle’s petition, although the court declined to seal the record. Ms. Kittle also appeals the District Court’s denial of her motion to seal the record. 1

*110 Although her precise arguments are often difficult to discern from her brief, the essence of Ms. Kittle’s appeal can be summarized as follows. Ms. Kittle appears to allege that the District Court erred in granting summary judgment to Mr. Kittle because the Missouri state court did not have jurisdiction to determine title to real property located in Pennsylvania, and because a Pennsylvania court had already decided the issues in her favor in a different action. She also alleges various defects in Mr. Kittle’s suit, for example, that she was not properly served and that Mr. Kittle did not properly submit the docket sheets from the Missouri state court action with his petition, as required by Pennsylvania law. We will consider each of these arguments in turn below.

Mr. Kittle began this action by filing a petition to enforce a foreign judgment under 23 Pa.C.S.A. § 3705. Section 3705 provides:

Whenever a person subject to a valid decree of a sister state ... for the distribution of marital property ... or the property of that person is found within this Commonwealth, the obligee of the decree may petition the court where the obligor or the property of the obligor is found to register, adopt as its own and enforce the decree as a properly issued and authenticated decree of a sister state.... Upon registration and adoption, such relief and process for enforcement as is provided or prescribed by law in similar cases originally commenced in this Commonwealth shall be available.

We first consider Ms. Kittle’s argument that the District Court should not have enforced the Missouri judgment because the Missouri court did not have jurisdiction to rule on title to real property located within Pennsylvania. Ms. Kittle does not contend that the Missouri court lacked personal jurisdiction over her during the divorce proceedings, and the record demonstrates that a full hearing was held at which both parties appeared with counsel. Rather, Ms. Kittle argues that the Missouri court lacked jurisdiction to affect title to land within Pennsylvania. But by holding that the Scranton properties were non-marital property not subject to equitable distribution between the spouses, the Missouri court did not order any transfer of title. See generally Fall v. Eastin, 215 U.S. 1, 14, 30 S.Ct. 3, 54 L.Ed. 65 (1909). Rather, the Missouri court was acting pursuant to its personal jurisdiction over Ms. Kittle, who, having submitted herself to that jurisdiction, “cannot now be heard to question the validity of the decree which is now the product of [her] efforts.” Hall v. Hall, 33 Pa. D. & C.3d 38, 43 (Pa.Ct.Com. Pl.1983). Nor was the Missouri court ruling on issues that it had reserved for final resolution by the Pennsylvania courts. See Coleman v. Coleman, 361 Pa.Super. 446, 522 A.2d 1115, 1120-22 (1987) (Nevada divorce decree that resolved some economic issues between the parties but specifically reserved without prejudice wife’s right to pursue economic claims incident to divorce in Pennsylvania court did not preclude Pennsylvania courts hearing her economic claims because “the parties and the court did not intend that the Nevada decree would fully resolve the economic issues”).

The Full Faith and Credit Clause requires state courts to recognize the deei *111

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
197 F. App'x 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kittle-v-kittle-ca3-2006.