Rothrock v. Rothrock

765 A.2d 400, 2000 Pa. Super. 412, 2000 Pa. Super. LEXIS 4216
CourtSuperior Court of Pennsylvania
DecidedDecember 29, 2000
StatusPublished
Cited by22 cases

This text of 765 A.2d 400 (Rothrock v. Rothrock) 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
Rothrock v. Rothrock, 765 A.2d 400, 2000 Pa. Super. 412, 2000 Pa. Super. LEXIS 4216 (Pa. Ct. App. 2000).

Opinion

DEL SOLE, J.:

111 Marilyn Rothrock (hereinafter referred to as “Wife”) appeals from the final order and decree which provided for the equitable distribution of assets pursuant to an antenuptial agreement upon the parties’ divorce. We affirm.

¶ 2 Wife and Bruce L. Rothrock, Sr. (hereinafter referred to as “Husband”) were married in 1989. Prior to marriage, the parties executed an Antenuptial Agreement. The parties subsequently separated. Husband filed a divorce complaint against Wife wherein Husband requested a declaratory judgment on the Antenuptial Agreement.

¶ B Husband’s request for declaratory judgment was granted. The trial court subsequently entered an order holding that the Antenuptial Agreement was valid [402]*402and in full force and effect. On December 29, 1993, the trial court entered a bifurcated divorce decree, reserving jurisdiction to determine the economic claims of the parties arising from their marriage.

¶ 4 At the time of the parties’ physical separation, Wife allegedly removed various items from a vacation residence owned by Husband’s corporation, Rothrock Motor Sales, Inc. As a result, Rothrock Motor Sales, Inc., filed a civil action against Wife. The trial court joined the divorce case with the civil action and named Rothrock Motor Sales, Inc. as a party-plaintiff in the divorce case.

¶ 5 A Master in Divorce was appointed to take testimony and make a recommendation to the trial court on the economic claims of the parties. The Master thereafter filed a report and recommendation to which both parties filed exceptions.

¶ 6 The trial court ruled on the parties’ exceptions and remanded the matter to the Master for the sole purpose of further proceedings regarding the personal property claims made in the action by Rothrock Motors, Inc. Wife then filed a Motion for Final Order, thereby abandoning her claim as to the ownership of the personal property in the suit by Rothrock Motors, Inc. Accordingly, the trial court entered a final Decree and Order. This appeal followed.

¶ 7 On appeal, Wife presents the following issues:

1. Whether the Lower Court erred in the interpretation and application of the prenuptial agreement resulting in a patently inequitable and unintended economic outcome for Wife?
2. Did the trial court clearly err in holding that Wife had effectively accepted $100,000 of alimony in lieu of her contractual property rights?
3. Whether the trial court erred in refusing to accept the Master’s conclusion that the jointly titled property fell outside the distribution scheme of paragraph 3(b) of the prenuptial agreement?

¶ 8 With regard to the first issue, Wife, in her brief, sets forth basic principles of contract interpretation. After setting forth these tenets of contract interpretation, Wife asserts that:

... the legal conclusions drawn by the trial court are not supported by the Master’s findings of fact, nor do they follow the above-referenced principals [sic] of contract construction and as such require this Court to reverse the Order of the trial court and remand this matter to the Master for further findings.

Appellant’s Brief at 12. In reviewing the record, we have not found that the trial court’s conclusions are legal error, nor does Wife identify additional legal errors committed by the court, other than the two subsequent issues raised by Wife. We will address these claims.

¶ 9 With regard to her second issue, Wife contends that the trial court erred in its interpretation of paragraph 3(b) of the Agreement and in its holding that Wife had effectively accepted $100,000.00 of alimony in lieu of her contractual property rights. We disagree.

¶ 10 The matter in dispute hinges on the construction of the language in paragraph 3(b) of the Agreement. Paragraph 3(b) of the Agreement provides:

(b) If the parties should become divorced from each other following their marriage, they agree to be bound to the terms set forth herein and Marilyn agrees to accept the following sums in full and final settlement of any claim for equitable distribution or of her property rights.If they are divorced, Marilyn shall receive for her support and maintenance, the greater sum of either one-half fl&) the increase in market value of the property held by the parties over its cost basis or the cash distribution set forth below. ... Marilyn’s alimony for her support and maintenance ... shall be: From the date of marriage up to three years after marriage — $50,000.00; after three years of marriage— $100,000.00; .... If the parties are un[403]*403able to agree upon the fair market value of the joint property, it shall be determined by appraisal. Each party shall appoint one appraiser; if the two appraisers are unable to agree upon the fair market value they shall appoint a third appraiser and a decision of the majority of the appraisers shall be binding and conclusive upon the parties. If the appraisers are unable to agree upon the appointment of a third appraiser, this appointment shall be made by the President Judge of the Court of Common Pleas of Lehigh County, Pennsylvania.

Antenuptial Agreement at 7-8. There is confusion regarding the interpretation of the phrase “the greater sum of either one-half Qh) the increase in market value of the property held by the parties over its cost basis ... ”. (emphasis added). Wife argues that the phrase “property held by the parties” is ambiguous and therefore, should be interpreted against the author.

¶ 11 The trial court acknowledged that this phrase is ambiguous as to whether “property held by the parties” refers only to property held jointly by them. While acknowledging that the phrase is ambiguous, the trial court held that the ambiguity was moot because neither party followed the remaining provisions of paragraph 3(b) of the Agreement. The court stated:

The Agreement is ambiguous as to whether “property held by the parties” refers only to property held jointly by them. In any event, the issue is moot because neither party availed themselves of the provisions in paragraph 3(b) to obtain appraisals of the properties. Accordingly, in lieu thereof Wife is entitled to the cash distribution of $100,000.00 set forth in the Agreement.

Trial Court Opinion, 6/4/99, at 7, fn. 5.

¶ 12 Paragraph 3(b) clearly provides that Wife is entitled to the greater sum of either one-half the increase in market value of the property held by the parties over its cost basis or the cash distribution set forth in the Agreement. The Agreement also provides that if the parties are unable to agree upon the fair market value of the joint property, it shall be determined by appraisal. Because the parties did not agree upon the fair market value of the property, they were required, by the contract, to have the value determined by appraisal. Neither party had the property appraised as required. Because neither party presented appraisals of the value of the property, the trial court awarded Wife the contractually set amount of $100,000.00. We agree with the trial court’s assessment that there is some logic to the structure of the Agreement. The trial court explained:

... [the Agreement] gives Wife the choice of the greater “of either one-half the increase in market value of the property held by the parties over its cost basis” or $100,000,000.

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

Related

Green, C. v. Green, S.
Superior Court of Pennsylvania, 2026
Florentino, E. v. Ramlochan, N.
Superior Court of Pennsylvania, 2025
Martin, R. v. Martin, C.
2024 Pa. Super. 150 (Superior Court of Pennsylvania, 2024)
Markovich, J. v. Markovich, L.
Superior Court of Pennsylvania, 2023
Massari, R. v. Massari, K.
Superior Court of Pennsylvania, 2023
Sandrowicz, A. v. Sparaney, R.
Superior Court of Pennsylvania, 2023
Trapasso, H. v. Trapasso, J.
Superior Court of Pennsylvania, 2021
Misitano, M. v. Misitano, D.
Superior Court of Pennsylvania, 2021
Buchanan, S. v. Buchanan, H.
Superior Court of Pennsylvania, 2020
Sklodowska-Grezak, G. v. Grezak, W.
Superior Court of Pennsylvania, 2020
Levenson, L. v. Levenson, S.
Superior Court of Pennsylvania, 2018
S.C.C. v. D.A.C.
Superior Court of Pennsylvania, 2017
Pagnozzi, A. v. Partridge, C.
Superior Court of Pennsylvania, 2016
Markantonis v. Markantonis
37 Pa. D. & C.5th 403 (Monroe County Court of Common Pleas, 2014)
Fliegel v. Fliegel
37 Pa. D. & C.5th 484 (Monroe County Court of Common Pleas, 2014)
Leibig v. Leibig
32 Pa. D. & C.5th 372 (Monroe County Court of Common Pleas, 2013)
LaBar Village Condominium Ass'n v. LaBar Village Community Ass'n
29 Pa. D. & C.5th 99 (Monroe County Court of Common Pleas, 2013)
Carney v. Carney
30 Pa. D. & C.5th 1 (Monroe County Court of Common Pleas, 2013)
McCready v. McCready
27 Pa. D. & C.5th 1 (Monroe County Court of Common Pleas, 2012)
Fuhr v. Fuhr
4 Pa. D. & C.5th 372 (Monroe County Court of Common Pleas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
765 A.2d 400, 2000 Pa. Super. 412, 2000 Pa. Super. LEXIS 4216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothrock-v-rothrock-pasuperct-2000.