Cullen v. Cullen

71 Pa. D. & C.4th 69, 2004 Pa. Dist. & Cnty. Dec. LEXIS 289
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedDecember 7, 2004
Docketno. 1511 CV 2004
StatusPublished

This text of 71 Pa. D. & C.4th 69 (Cullen v. Cullen) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cullen v. Cullen, 71 Pa. D. & C.4th 69, 2004 Pa. Dist. & Cnty. Dec. LEXIS 289 (Pa. Super. Ct. 2004).

Opinion

WORTHINGTON, J,

Plaintiff, James P. Cullen (husband), and defendant, Traci L. Cullen (wife), were married on March 25, 2000. No children were bom of the union. The parties’ relationship deteriorated and husband left the marital residence on January 16, 2003. The parties have been separated since that time. Husband and wife executed a property settlement agreement on November 6, 2003. The issue before us is whether the property settlement agreement executed by husband and wife is a valid and enforceable contract.

In the spring of 2003, wife retained counsel to draft a property settlement agreement. She then approached husband and requested that he sign the agreement. Wife, admittedly, never provided a copy of the agreement to husband, however, a copy was available at the marital residence at all times for him to review. Although husband declined to execute the agreement initially, he eventually agreed to sign it pending a renegotiation of its terms. As part of the renegotiation, husband requested an additional cash payment and the deferred transfer of [71]*71a Nissan pickup truck, which was titled in wife’s name, pending the restoration of his driver’s license. Wife acquiesced in his requests and husband’s revisions were incorporated into the agreement. On November 6,2003, both parties signed and executed the property settlement agreement which did not include a schedule of the parties’ assets.

On or about March 2, 2004, husband filed a complaint in equity in which he averred that the agreement was unenforceable and should be rescinded. He alleged that wife failed to provide him with full disclosure of the parties’ financial resources prior to their entry into the agreement, and that wife secured his joinder into the agreement by means of fraudulent misrepresentation. Wife filed an answer and counterclaim on March 29,2004, in which she alleged that husband has refused to comply with the terms of the negotiated property settlement agreement and requested that we enter an order directing husband to execute any and all documents required by the agreement. A bench trial was held on October 13,2004. We find in favor of the defendant on plaintiff’s complaint and on defendant’s counterclaim.

Before undertaking our analysis, we would like to note the following facts. There is a disparity with regard to the respective educational backgrounds of the parties. Husband is a high school graduate. Wife graduated from high school, obtained a bachelor of arts degree in finance, and is currently pursuing a master’s degree. Additionally, we note that this was husband’s second marriage. This is only significant insofar as husband has admitted that upon the dissolution of his first marriage, he and his [72]*72former wife executed a property settlement agreement to distribute the marital property.

Upon hearing the testimony of husband and wife, we have determined that several facts are undisputed. It is understood that no appraisals of the marital home were ever completed and neither party ever consulted an appraiser or discussed a likely appraised value for the marital home. The parties agree that negotiations of the agreement continued from March of 2003 until November of 2003, at which time the agreement was finally executed. Neither party disputes that husband was able to successfully negotiate a higher cash payment from wife prior to signing the agreement, increasing the amount he was to receive from $2,500 to $3,500. Additionally, it is undisputed that wife did, in fact, tender the Nissan pickup truck and $3,500 in cash payments to husband in accordance with the terms of the agreement. Finally, both parties agree that husband never asked for a list of financial accounts held by wife at any time prior to the execution of the agreement.

Husband now contests the validity of the property settlement agreement. He contends that subsequent to his entry into the agreement, he came to realize that the value of the marital residence was worth much more than the parties had believed. Additionally, after signing the agreement, husband conducted a search of some of wife’s financial records, which were located in an unlocked filing cabinet in the marital home, and discovered the existence of certain assets of which he had previously been unaware. Husband therefore asserts that he was uninformed, at the time he executed the agreement, that wife held the following accounts in her own name: a Road[73]*73way Express Inc. 401(k) stock savings pension plan, a Mellon Bank certificate of deposit (CD), and a Dreyfus Investment individual retirement account (IRA).

Conversely, wife claims that she did not hide personal assets from husband. Both parties agree that during the course of their marriage, wife kept all of her financial records in an unlocked filing cabinet in the marital home, which was easily accessible to husband. Wife therefore claims that even if husband never chose to look through those files during the course of the parties’ marriage, after their separation, once husband was faced with the prospect of signing the agreement, he could have entered the marital residence to investigate those reports and determine the nature and extent of her personal assets.

Wife further claims that husband was aware of her assets due to his participation in the preparation of the parties’ joint income tax returns. Husband and wife privately completed a joint income tax return for the 2001 tax year. The parties had a joint income tax return professionally completed by husband’s accountant for the 2002 tax year. Both the 2001 and 2002 tax returns reflect the existence of the Mellon Bank CD and the Dreyfus IRA.

Additionally, wife claims that during the course of their marriage, she and husband would sit down together on a bi-weekly basis and review all of the mail that was received by the household. After sorting the mail, the parties would then pay the bills together. Wife contends that because of the parties’ bi-weekly mail-opening sessions, and because of the joint filing of their tax returns, husband was put on notice and should have been aware of wife’s assets. Moreover, wife testified that husband was [74]*74physically present at Mellon Bank when she opened her certificate of deposit. For the foregoing reasons, it is wife’s contention that husband was free to inquire about her Mellon Bank CD, her Dreyfus Investment IRA, and her 401(k) pension plan at Roadway before executing the agreement.

Husband admits that wife fully controlled the parties’ finances throughout the marriage. However, with regard to the parties’ income tax preparation, husband claims that his involvement was limited to providing his W-2 forms. With regard to the bi-weekly bill paying sessions, husband claims that writing checks in the nature of child support and day care payments was the extent of his participation.

In the action before us, husband contends that there was fraudulent misrepresentation on the part of wife in compelling husband to enter into the property settlement agreement. Husband further asserts that wife failed to make a full disclosure of all of her financial resources prior to his entry into the agreement. Husband ultimately claims that wife’s fraudulent misrepresentation and her failure to make a full and fair disclosure of her financial resources render the parties’ property settlement agreement voidable.

We now undertake to determine whether the agreement is valid. It is well-settled law in Pennsylvania that a husband and wife are free to determine their property rights and support obligations by contract.

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

Related

Sabad v. Fessenden
825 A.2d 682 (Superior Court of Pennsylvania, 2003)
Kleintop v. Kleintop
436 A.2d 223 (Superior Court of Pennsylvania, 1981)
In Re Adoption of Dale A., II
683 A.2d 297 (Superior Court of Pennsylvania, 1996)
McGannon v. McGannon
359 A.2d 431 (Superior Court of Pennsylvania, 1976)
Bortz v. Noon
729 A.2d 555 (Supreme Court of Pennsylvania, 1999)
Todd Heller, Inc. v. United Parcel Service, Inc.
754 A.2d 689 (Superior Court of Pennsylvania, 2000)
Colonna v. Colonna
791 A.2d 353 (Superior Court of Pennsylvania, 2001)
Brosovic v. Nationwide Mutual Insurance
841 A.2d 1071 (Superior Court of Pennsylvania, 2004)
Gula v. Gula
551 A.2d 324 (Supreme Court of Pennsylvania, 1988)
Gocek v. Gocek
612 A.2d 1004 (Superior Court of Pennsylvania, 1992)
Simeone v. Simeone
581 A.2d 162 (Supreme Court of Pennsylvania, 1990)
Vaccarello v. Vaccarello
757 A.2d 909 (Supreme Court of Pennsylvania, 2000)
Stoner v. Stoner
819 A.2d 529 (Supreme Court of Pennsylvania, 2003)
Hillegass Estate
244 A.2d 672 (Supreme Court of Pennsylvania, 1968)
Porreco v. Porreco
811 A.2d 566 (Supreme Court of Pennsylvania, 2002)
Busch v. Busch
732 A.2d 1274 (Superior Court of Pennsylvania, 1999)
Lang v. Meske
850 A.2d 737 (Superior Court of Pennsylvania, 2004)
Bianchi v. Bianchi
859 A.2d 511 (Superior Court of Pennsylvania, 2004)
In re Allegheny International, Inc.
954 F.2d 167 (Third Circuit, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
71 Pa. D. & C.4th 69, 2004 Pa. Dist. & Cnty. Dec. LEXIS 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cullen-v-cullen-pactcomplmonroe-2004.