Category: Court Decisions

QDRO Divides Pension at Retirement Date Unless Agreement Specifies Otherwise

May 14, 2016 | Court Decisions, Equitable Distribution

Icon for author Brian Vertz Brian Vertz

Bortz v. Bortz, No. 1147 MDA 2015 (April 27, 2016)(non-precedential) Husband in this case was a Williamsport police officer who entered into a settlement with his wife when they divorced.  Their agreement provided that she would receive fifty-five percent (55%) of the “marital portion of Husband’s retirement account(s) and/or pension plan(s) through his employment with the City of Williamsport.” The “marital portion” would be determined “pursuant to current law,” said […]

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Social Media Boasting Torpedoes Child Support Reduction

May 11, 2016 | Child Support, Court Decisions

Icon for author Brian Vertz Brian Vertz

C.O. aka C.G. v. N.G., No. 808 MDA 2015 (April 26, 2016)(non-precedential) In 2014, Father petitioned to modify his support obligation due to a medical condition known as thalassemia major, which is an inherited blood disorder that is treated with transfusions to restore red blood cells.  Father had stopped working full time as a Certified Public Accountant and had been unemployed for eight months.  He previously earned $52,000 to $54,000 […]

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Statutory Share for Surviving Second Wife Trumps Intervivos Trust Formed before Marriage

January 14, 2016 | Court Decisions, Divorce, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

The Superior Court addressed a novel question in Trust under Deed of David P. Kulig, 2015 PA Super 271 (December 24, 2015), a dispute between the second wife of a decedent and the children of his first wife. The decedent David Kulig formed a revocable trust while married to his first wife Joanne, providing that his children would receive the principal balance of the trust upon his death if Joanne […]

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Contracting Party Who Assumed Risk Could not Rescind Marital Settlement Agreement for Mutual Mistake

January 13, 2016 | Court Decisions, Equitable Distribution, Settlement

Icon for author Brian Vertz Brian Vertz

In Orris v. Orris, No. 340 WDA 2015 (September 30, 2015), a non-precedential decision, the husband and wife entered into a marital settlement agreement after Wife procured an appraisal of the timber rights associated with marital property. In the agreement, Husband surrendered the timber rights to Wife in exchange for the marital residence. Subsequently, after the divorce was finalized, Husband presented a petition to rescind the agreement on the grounds […]

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