Drake v. Drake

40 Pa. D. & C.5th 527
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedSeptember 15, 2014
DocketNo. 10183 of 2011 CA
StatusPublished

This text of 40 Pa. D. & C.5th 527 (Drake v. Drake) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drake v. Drake, 40 Pa. D. & C.5th 527 (Pa. Super. Ct. 2014).

Opinion

HODGE, J.,

This opinion is issued pursuant to Rule 1925(a) of the Pennsylvania Rules of Appellate Procedure in support of the order of court dated May 21, 2014, from which the defendant, Timothy P. Drake, appeals and contends that this court committed the following eiTors:

1. The court erred in finding that the parties’ marital settlement agreement was ambiguous;

[529]*5292. The court erroneously concluded that the life insurance policy at issue was not disclosed amongst the parties; and

3. The court erred in directing that a term life policy, with no cash value, be liquidated and the proceeds divided between the parties because doing so dissipates a marital asset and violates the parties’ marital settlement agreement.

Prior to addressing each of the matters complained of, the court sets forth the following summary of the relevant procedural and factual background of this case. On February 8,2011, the plaintiff, JudithB. Drake (hereinafter, “wife”), filed a complaint in divorce against the defendant, Timothy P. Drake (hereinafter, “husband”). The parties entered into a marital dissolution agreement on March 15, 2012, and a divorce decree was subsequently issued on April 5, 2012. On April 4, 2014, Wife presented the court with a petition for special relief, wherein wife requested the court to direct husband to transfer ownership of a life insurance policy to her. Following a hearing, this court denied wife’s request, but directed the parties to liquidate the asset and divide the proceeds pursuant to the terms of their marital dissolution agreement. From this order, husband appeals.

When interpreting a marital settlement agreement, “the trial court is the sole determiner of facts and absent an abuse of discretion, the appellate courts will not usurp the trial court’s fact-finding function.” Chen v. Chen, 840 A.2d 355, 360 (Pa. Super. 2003), appeal granted in part, 578 Pa. 433, 853 A.2d 1011 (2004) (relating to other findings). On appeal from an order interpreting a marital settlement agreement, the appellate court must decide whether [530]*530the trial court committed an error of law or abused its discretion. Tuthill v. Tuthill, 763 A.2d 417, 419 (Pa. Super. 2000), appeal denied, 775 A.2d 808 (Pa. 2001).

“[Jjudicial discretion” requires action in conformity with law on facts and circumstances before the trial court after hearing and due consideration. Such discretion is not absolute, but must constitute the exercises of sound discretion. This is especially so where, as here, there is law to apply. On appeal, a trial court’s decision will generally not be reversed unless there appears to have been an abuse of discretion or a fundamental error in applying correct principles of law. An “abuse of discretion” or failure to exercise sound discretion is not merely an error of judgment. But if, in reaching a conclusion, law is overridden or misapplied, or the judgment exercised is manifestly unreasonable or lacking in reason, discretion must be held to have been abused.

In re Deed of Trust of Rose Hill Cemetery Ass’n Dated Jan. 14, 1960, 590 A.2d 1, 3 (Pa. 1991) (internal citations omitted). While the appellate court is bound by the trial court’s determinations regarding credibility, Wade v. Huston, 877 A.2d 464 (Pa. Super. 2005), contract interpretation is a question of law, and the reviewing court is not bound by a trial court’s interpretation. Chen, supra at 360. The standard of review over questions of law is de novo and to the extent necessary, the scope of review is plenary.” Kripp v. Kripp, 849 A.2d 1159, 1164 n. 5 (Pa. 2004).

The insurance policy in question was issued by Primerica for the life of husband with wife also receiving [531]*531a life insurance policy at a reduced rate. The parties referred to wife’s policy as a “rider” policy on husband’s policy. Wife’s life insurance policy names husband as a beneficiary. The associated death benefit for wife’s life insurance policy is $100,000.00. Following the execution of the marital dissolution agreement and the parties’ divorce, wife petitioned the court to compel husband to transfer ownership of the policy to wife and name the parties’ son as a beneficiaiy. Flusband objected to wife’s request by arguing that the marital dissolution agreement fully encompassed the division of all marital assets owned by the parties. Husband stated that the agreement provided that any property in either party’s possession remains the personal property of that individual part.

Wife, however, argued that it is inappropriate for Husband to incur financially gains following her death given the fact that the parties are no longer married. Wife additionally argues that if the court was unwilling to transfer ownership of the policy, the court should at least direct husband to execute the necessaiy forms to change the beneficiary provision and name the parties’ children as beneficiaries.

In Pennsylvania, a settlement agreement between a husband and wife is governed by the law of contracts, unless the agreement itself provides otherwise. Lyons v. Lyons, 585 A.2d 42 (Pa. Super. 1991); Caccavo v. Caccavo, 565 A.2d 1199 (1989); Sonder v. Sonder, 549 A.2d 155 (1988). When the language of such an agreement is clear and unambiguous, the focus of the interpretation must be upon the terms as manifestly expressed. Caccavo, 565 A.2d at 1202. A contract is ambiguous if it is reasonably susceptible of different constructions and capable of being [532]*532understood in more than one sense. Walton v. Philadelphia National Bank, 545 A.2d 1383, 1389 (Pa. Super. 1988). The court must determine as a question of law whether the contract terms are clear or ambiguous. Id.

The standard of enforceability of a contractual agreement is also clear: “ [a]bsent4 fraud, misrepresentation, or duress, spouses should be bound by the terms of their agreements.’” McMahon v. McMahon, 612 A.2d 1360, 1363 (Pa. Super. 1992) (citations omitted). As such, a trial court may interpret a marital settlement agreement like a contract, but the court has neither the power nor the authority to modify or vary the decree unless there is conclusive proof of fraud or mistake. Bianchi v. Bianchi, 859 A.2d 511, 515 (Pa. Super. 2004).

When construing agreements involving clear and unambiguous terms, a trial court need only look to the writing itself to give effect to the parties’ understanding. Vaccarello v.

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Related

Lyons v. Lyons
585 A.2d 42 (Superior Court of Pennsylvania, 1991)
Sabad v. Fessenden
825 A.2d 682 (Superior Court of Pennsylvania, 2003)
Walton v. Philadelphia National Bank
545 A.2d 1383 (Supreme Court of Pennsylvania, 1988)
Caccavo v. Caccavo
565 A.2d 1199 (Supreme Court of Pennsylvania, 1989)
Z & L LUMBER OF ATLASBURG v. Nordquist
502 A.2d 697 (Supreme Court of Pennsylvania, 1985)
McMahon v. McMahon
612 A.2d 1360 (Superior Court of Pennsylvania, 1992)
Tuthill v. Tuthill
763 A.2d 417 (Superior Court of Pennsylvania, 2000)
Vaccarello v. Vaccarello
757 A.2d 909 (Supreme Court of Pennsylvania, 2000)
Purdy v. Purdy
715 A.2d 473 (Superior Court of Pennsylvania, 1998)
Sonder v. Sonder
549 A.2d 155 (Supreme Court of Pennsylvania, 1988)
Chen v. Chen
840 A.2d 355 (Superior Court of Pennsylvania, 2003)
Kripp v. Kripp
849 A.2d 1159 (Supreme Court of Pennsylvania, 2004)
In Re Deed of Trust of Rose Hill Cemetery Ass'n
590 A.2d 1 (Supreme Court of Pennsylvania, 1991)
Bianchi v. Bianchi
859 A.2d 511 (Superior Court of Pennsylvania, 2004)
Wade v. Huston
877 A.2d 464 (Superior Court of Pennsylvania, 2005)
In re Estate of Hoffman
54 A.3d 903 (Superior Court of Pennsylvania, 2012)
Chen v. Chen
853 A.2d 1011 (Supreme Court of Pennsylvania, 2004)

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Bluebook (online)
40 Pa. D. & C.5th 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drake-v-drake-pactcompllawren-2014.