LexyCorpus case page
CourtListener opinion 4277379
Date unknown · US
- Extracted case name
- pending
- Extracted reporter citation
- 119 A.3d 382
- Docket / number
- 597 MDA 2017
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 4277379 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“in his income to calculate child support, (3) ordering him to make direct payments to Wife, (4) failing to consider the tax consequences of the lump sum and monthly payments, (5) failing to require Wife's payment from his retirement to be distributed by a Qualified Domestic Relations Order (QDRO), (6) failing to give him credit toward the lump sum because he had paid child support, alimony pendente lite, and mortgage contributions based on his retirement income, and (7) utilizing June 9, 2014, as the retroactive date under the order. Based upon the following, we affirm. By way of background, the parties were married on May 16, 1987, and”
pension“sed on his retirement income, and (7) utilizing June 9, 2014, as the retroactive date under the order. Based upon the following, we affirm. By way of background, the parties were married on May 16, 1987, and separated on February 14, 2010. Husband's Navy pension is in pay status. A final decree in divorce was entered on January 14, 2014. The facts and procedural history relevant to this appeal have been summarized by the trial court in its opinions filed March 7, 2017, and May 31, 2017. For purposes of our discussion, we reiterate the court's summaries, as abbreviated, below: By way of background, a Master'”
domestic relations order“ome to calculate child support, (3) ordering him to make direct payments to Wife, (4) failing to consider the tax consequences of the lump sum and monthly payments, (5) failing to require Wife's payment from his retirement to be distributed by a Qualified Domestic Relations Order (QDRO), (6) failing to give him credit toward the lump sum because he had paid child support, alimony pendente lite, and mortgage contributions based on his retirement income, and (7) utilizing June 9, 2014, as the retroactive date under the order. Based upon the following, we affirm. By way of background, the parties were married on May 16, 1987, and”
valuation/division“below: By way of background, a Master's Hearing in regard to Equitable Distribution was held on August 31, 2012; October 12, 2012; December 9, 2012; supplemented by an Order of Court dated March 5, 2013. A Master's Report and Recommendation in regard to Equitable Distribution was filed on June 25, 2013. … Subsequently, Husband filed Exceptions on July 10, 2013, and Amended Exceptions on July 15, 2013. … An Amended Master's Report on Equitable Distribution was issued on November 19, 2013. … -2- J-S70042-17 On November 20, 2013, Husband filed Exceptions to the Amended Master's Report. On December 30, 2013, the [trial co”
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: 119 A.3d 382 · docket: 597 MDA 2017
- 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-S70042-17 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 SAMUEL A. MORGANTE : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : KELLY S. MORGANTE : No. 597 MDA 2017 Appeal from the Order Entered March 7, 2017 In the Court of Common Pleas of Lycoming County Civil Division at No(s): 11-20,065 BEFORE: GANTMAN, P.J., SHOGAN, J., and OTT, J. MEMORANDUM BY OTT, J.: FILED MAY 22, 2018 Samuel A. Morgante (Husband) appeals from the order entered March 7, 2017, in the Court of Common Pleas of Lycoming County, finding him in contempt and ordering him to pay Kelly S. Morgante (Wife) a lump sum payment of $31,888.85 on or before May 31, 2017, to make monthly payments to Wife, commencing April, 2017, in the amount of $911.11 either directly from the Navy retirement pay and/or through direct payments from Husband, and to pay Wife's counsel fees in the amount of $750.00. The trial court's order provides Husband's obligation to pay counsel fees to Wife's counsel would be suspended upon the condition that Husband make the lump sum payment to Wife of $31,888.85 on or before May 31, 2017. See Order, June 9, 2014, at ¶4. Husband contends the trial court erred in (1) finding him in contempt and awarding Wife counsel fees, (2) ordering him to pay Wife an equitable J-S70042-17 distribution sum from monies Wife elected to include in his income to calculate child support, (3) ordering him to make direct payments to Wife, (4) failing to consider the tax consequences of the lump sum and monthly payments, (5) failing to require Wife's payment from his retirement to be distributed by a Qualified Domestic Relations Order (QDRO), (6) failing to give him credit toward the lump sum because he had paid child support, alimony pendente lite, and mortgage contributions based on his retirement income, and (7) utilizing June 9, 2014, as the retroactive date under the order. Based upon the following, we affirm. By way of background, the parties were married on May 16, 1987, and separated on February 14, 2010. Husband's Navy pension is in pay status. A final decree in divorce was entered on January 14, 2014. The facts and procedural history relevant to this appeal have been summarized by the trial court in its opinions filed March 7, 2017, and May 31, 2017. For purposes of our discussion, we reiterate the court's summaries, as abbreviated, below: By way of background, a Master's Hearing in regard to Equitable Distribution was held on August 31, 2012; October 12, 2012; December 9, 2012; supplemented by an Order of Court dated March 5, 2013. A Master's Report and Recommendation in regard to Equitable Distribution was filed on June 25, 2013. … Subsequently, Husband filed Exceptions on July 10, 2013, and Amended Exceptions on July 15, 2013. … An Amended Master's Report on Equitable Distribution was issued on November 19, 2013. … -2- J-S70042-17 On November 20, 2013, Husband filed Exceptions to the Amended Master's Report. On December 30, 2013, the [trial court] heard argument by the parties on the outstanding Exceptions. On June 9, 2014 th[e trial c]ourt issued an Opinion and Order ruling on Husband's Exceptions. … Husband filed a Notice of Appeal on June 30, 2014, and Amended Notice of Appeal on July 9, 2014. On June 26, 2015, the Superior Court issued an Opinion affirming the Trial Court's O[rder] of June 9, 2014. [Morgante v. Morgante, 119 A.3d 382 (Pa. Super. 2015).] … Pursuant to the Master's Report dated June 25, 2013, and this Court's Order dated June 9, 2014, which was affirmed by the Superior Court Order dated June 26, 2015, Wife shall receive the sum of $567,201.26 as her equitable distribution portion of the marital estate. It was further ordered that this payment would be made by Wife receiving a monthly payment from Husband's disposable retirement income. To protect Wife's interest in the equitable distribution portion of the marital estate, the Court Order further indicates that if Husband's Navy Pension (retirement income) is reduced in any way which reduces the amount or share of retired pay to which Wife is entitled, such as receipt of disability pay, then Husband will make direct payments to Wife to indemnify and hold her harmless from any reduction, costs or damages which she may incur. The minimum payment which Wife is to receive either directly from the Navy Pension and/or through direct payments from Husband is $911.11 per month, plus consideration of the associated COLAs [Cost of Living adjustments]. The Court's Order further directed that a qualified domestic relations order [QDRO] would be prepared directing payments to Wife of 47.652%[1] of Husband's monthly Navy Pension to be prepared and submitted by Husband's attorney within thirty days of the date of the Court's Order of June 9, 2014. Trial Court Opinion, 3/9/2017, at 1-4. Wife filed her Petition for Contempt on September 23, 2016, alleging that Husband and his attorney have been uncooperative since September 2015 in providing additional information requested by Wife's actuarial consultant, and therefore the QDRO ____________________________________________ 1 "The Master … found that the $567,201.26 payment owed to Wife in equitable distribution is 47.652% of the present value of Husband's disposable retired pay." Morgante v. Morgante, 119 A.3d 382, 392 (Pa. Super. 2015). -3- J-S70042-17 had not been prepared. Wife further alleges that Husband had not made any payments of the $911.11 minimum to which she was entitled under the Order of June 9, 2014. A hearing was held on January 9, 2017. At that time, Husband argued that the $911.11 minimum monthly payment obligation did not commence until the QDRO was in place and distributed directly to Wife from his Navy Retirement pay. He further argued that the full amount of his Navy Retirement pay is included in his income for child support and spousal support calculation purposes and, therefore, it would be considered impermissible "double-dipping" for Wife if she were to receive her payments directly from Husband prior to the QDRO being implemented. … Trial Court Opinion, May 31, 2017, at 3-4. By Order entered March 7, 2017, the trial court found Husband in contempt for his failure to comply with the court's order of June 9, 2014. The trial court ordered him to pay Wife a lump sum of $31,888.85 (representing monthly payments of $911.11 from June 2014 through March 2017) by May 31, 2017, to pay Wife $911.11 monthly, commencing April, 2017, either through his Navy Retirement pay or directly from Husband, and to pay Wife $750.00 in counsel fees. However, the obligation to pay attorney fees was to be suspended upon Husband making the required lump sum payment to Wife by May 31, 2017. This appeal followed.2 Subsequently, Husband filed a request for a stay, pursuant to Pennsylvania Rule of Appellate Procedure 1731, and the trial court denied the request in part, and granted the request in part.3 ____________________________________________ 2Husband timely complied with the order of the trial court to file a Pa.R.A.P. 1925(b) statement of errors complained of on appeal. 3 The trial court explained: -4- J-S70042-17 In his first issue, Husband contends the trial court erred in finding him in contempt and awarding attorney fees because the order was not clear, definite and specific and he did not act with wrongful intent. Husband argues there is no language in the order that specifies immediate, direct payment to Wife. He asserts the only explicit language is to prepare a QRDO within 30 days and submit it to Wife, and to pay $911.11 directly to Wife when the amount received by Wife is reduced below that amount. Husband maintains he complied with the order by submitting a QDRO within the timeframe directed by the trial court. Husband further contends that even if the order is ____________________________________________ Husband filed a Motion for Stay of the Order on April 5, 2017, and an Amended Motion for Stay of the Order on April 19, 2017. A hearing was held on May 5, 2017, regarding the Motions. By Order dated May 8, 2017, Husband's request for a stay of the monthly payment to Wife in the amount of $911.11 commencing in April 2017, was denied. Husband's request for a stay with regard to the lump sum payment in the amount of $31,888.85 on or before May 31, 2017, was granted. The Court found that there were reasonable grounds for a difference of opinion as to whether or not the lump sum payment ordered by the Court in its March 7, 2017, Order was appropriate. Pursuant to Pa.R.A.P. 1731(b), Husband was directed to pay a bond in the amount of $31,888.85 in cash or property with the Prothonotary of Lycoming County on or before May 31, 2017. Husband's request for a stay of the required payment of $750.00 in counsel fees, which would have been suspended upon payment of the lump sum amount on or before May 31, 2017, was granted, and the payment was stayed pending a decision from the Superior Court on the lump sum payment. Trial Court Opinion, 5/31/2017, at 4-5. -5- J-S70042-17 found to confer a duty on him to make direct payments to Wife regardless of whether a QDRO is in place, the order is ambiguous and there is a reasonable interpretation to the contrary. In this regard, Husband points to the trial court's order granting, in part, his request for a stay, finding that "there are reasonable grounds for a difference of opinion as to whether or not the lump sum payment in the amount ordered by the Court is appropriate." Stay Order, 5/8/2017 at 2. Our standard of review is well settled: \When considering an appeal from an [o]rder holding a party in