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CourtListener opinion 2691502

Date unknown · US

Extracted case name
pending
Extracted reporter citation
603 A.2d 641
Docket / number
363 EDA 2013
QDRO relevance 5/5Retirement relevance 5/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 2691502 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

Retrieval annotation

Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.

Category: pension / defined benefit issues

Evidence quotes

QDRO

ceived nothing. Husband requested that he be awarded these missed payments in his The trial court denied this petition. In its opinion pursuant to Pa.R.A.P. 1925, the trial court justifies this decision by stating that Husband delayed the preparation of a QDRO and the entry of the divorce decree, and that he 12/28/2012, at 15. T initial refusal to sign the QDRO while exceptions were pending cannot be deemed a meritless delaying tactic where, as here, the trial court granted those exceptions in part. Admittedly, Husband did not sign the QDRO immediately after his exceptions were resolved. However, APL was

pension

Y 29, 2014 claims do not entitle him to relief, and that this case should be remanded for counsel fees. However, because I conclude that the trial court abused its discretion by refusing to award receive but did not, I respectfully dissent. It is well- pension funds accrued during marriage is marital property and subject to equitable distribution. Endy v. Endy, 603 A.2d 641, 643 (Pa. Super. 1992). Here, the parties and the trial ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-A02020-14 pension. When the pension initially entered pay status, Wife receive

valuation/division

be remanded for counsel fees. However, because I conclude that the trial court abused its discretion by refusing to award receive but did not, I respectfully dissent. It is well- pension funds accrued during marriage is marital property and subject to equitable distribution. Endy v. Endy, 603 A.2d 641, 643 (Pa. Super. 1992). Here, the parties and the trial ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-A02020-14 pension. When the pension initially entered pay status, Wife received 100% of the marital portion of her pension, and Husband received nothing. Husband req

Source and provenance

Source type
courtlistener_qdro_opinion_full_text
Permissions posture
public
Generated status
machine draft public v0
Review status
gold label pending
Jurisdiction metadata
US
Deterministic extraction
reporter: 603 A.2d 641 · docket: 363 EDA 2013
Generated at
May 14, 2026

Related public corpus pages

Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.

Clean opinion text

J-A02020-14

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

LINDA MARIE PERRY IN THE SUPERIOR COURT OF
 PENNSYLVANIA
 Appellee

 v.

WAYNE J. PERRY

 Appellant No. 363 EDA 2013

 Appeal from the Order Entered December 28, 2012
 In the Court of Common Pleas of Lehigh County
 Domestic Relations at No(s): 2009-FC-1619

BEFORE: FORD ELLIOTT, P.J.E., OTT, J., and STRASSBURGER, J.*

CONCURRING AND DISSENTING MEMORANDUM BY STRASSBURGER, J.

FILED JULY 29, 2014

claims do not entitle him to relief, and that this case should be remanded for

 counsel fees. However, because I

conclude that the trial court abused its discretion by refusing to award

receive but did not, I respectfully dissent.

 It is well- pension funds accrued during

marriage is marital property and subject to equitable distribution. Endy v.

Endy, 603 A.2d 641, 643 (Pa. Super. 1992). Here, the parties and the trial

____________________________________________

*
 Retired Senior Judge assigned to the Superior Court.
 J-A02020-14

pension. When the pension initially entered pay status, Wife received 100%

of the marital portion of her pension, and Husband received nothing.

Husband requested that he be awarded these missed payments in his

The trial court denied this petition. In its opinion pursuant to Pa.R.A.P. 1925,

the trial court justifies this decision by stating that Husband delayed the

preparation of a QDRO and the entry of the divorce decree, and that he

12/28/2012, at 15.

 T

initial refusal to sign the QDRO while exceptions were pending cannot be

deemed a meritless delaying tactic where, as here, the trial court granted

those exceptions in part. Admittedly, Husband did not sign the QDRO

immediately after his exceptions were resolved. However, APL was

It does not appear that Husband was receiving any sort of financial benefit

from Wife after that date, and he would have had no incentive to delay the

proceedings unnecessarily.

 Thus, I conclude that Husband was entitled to the relevant portion of

 -2-