McConahy v. McConahy

33 Pa. D. & C.5th 194
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedSeptember 16, 2013
DocketNo. 10679 of 2012, C.A.
StatusPublished

This text of 33 Pa. D. & C.5th 194 (McConahy v. McConahy) 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
McConahy v. McConahy, 33 Pa. D. & C.5th 194 (Pa. Super. Ct. 2013).

Opinion

PICCIONE, J.,

Before the court for disposition is the defendant’s, Ashley L. McConahy (hereinafter, the “defendant”), motion to set aside marital settlement agreement (hereinafter, the “motion”). The defendant and the plaintiff, Sean T. McConahy (hereinafter, the “plaintiff’) were married on July 9,2001, in Florida. During the course of their marriage, the parties had three minor children and resided in Lawrence County, Pennsylvania. Around the end of April 2012, the defendant decided that she desired to terminate her marriage to the plaintiff. (N.T. 4-1-13 pg. 7). On June 4,2012, the plaintiff filed a complaint in divorce, wherein the plaintiff avers that his marriage to the defendant is irretrievably broken. On June 5, 2012, the parties filed a marital settlement agreement that the defendant now contests.

On October 17, 2012, the defendant filed the instant motion to set aside marital settlement agreement [196]*196(hereinafter, the “motion”), in which the defendant argues that the martial settlement agreement (hereinafter, the “agreement”) should be set aside for the following reasons: (1) the plaintiff did not fully and/or fairly disclose his financial assets; (2) the terms of the agreement are wholly unfair to defendant’s legal interest in the martial property; (3) the defendant signed the agreement as a result of the plaintiff’s continued mental abuse; (4) the agreement is unreasonable; and (5) attorney Michael C. Bonner (hereinafter, “attorney Bonner”) was not acting in a neutral capacity in the drafting and execution of the agreement. Evidentiary hearings on the instant motion were held in this court on January 31, 2013, April 1, 2013 and April 30, 2013. Additionally, each party submitted memoranda of law in support of each party’s respective positions. The court now sets forth a recitation of the testimonies of the witnesses during the evidentiary hearings.

The parties became socially acquainted with attorney Bonner when their children participated in youth activities together. In approximate late April or early May 2012, the parties contacted attorney Bonner and informed him of their intent to seek a divorce. When attorney Bonner met with both the plaintiff and defendant he informed then that he was not representing either party in an adversarial divorce action; rather, he would merely assist them in working through the divorce process. (N.T. 1-29-13 pg. 9). Attorney Bonner met with one or both of the parties on three scheduled meetings, on May 3, 2012, May 9, 2012, and May 24, 2012. Additionally, the parties individually met with attorney Bonner spontaneously, without a scheduled appointment. Attorney Bonner then drafted a [197]*197proposed marital settlement agreement based upon his meetings with the parties and a spreadsheet prepared by the plaintiff that consisted of compilation of assets. The spreadsheet had columns for the name of the asset, the plaintiff’s proposed distribution of the asset to the defendant, the defendant’s proposed retention of the asset. (N.T. 1-29-13 pgs. 14-16). Attorney Bonner later reviewed the spreadsheet item by item in his office simultaneously with both of the parties. (N.T. 1-29-13 pg. 16).

Attorney Bonner testified that he discussed with the parties a temporary support payment to the defendant until the defendant was able to obtain a job, child support, spousal support, splitting savings accounts, income tax returns, as well as an IRA account. (N.T. 1-29-13 pgs. 22-23). Attorney Bonner testified that he found the defendant to have a “more than adequate” grasp of the marital assets, and she corrected the plaintiff in several instances. (N.T. 1-29-13 pg. 48). The plaintiff and his father owned a farm in the form of a partnership. Mr. Bonner informed the plaintiff and defendant during their discussions that the defendant, specifically, was entitled to have the assets of the farm valued; however, attorney Bonner testified that the parties did not discuss the defendant’s receiving any portion of the farm. Attorney Bonner testified that when one party would begin to ask him questions regarding the terms of the proposed marital settlement agreement, attorney Bonner instructed the parties to obtain counsel.

Attorney Bonner testified that he advised the parties that a martial settlement agreement would be a full and comprehensive agreement and neither party would [198]*198be entitled to anything outside what is included in that agreement. (N.T. 1-29-13 pg. 43). Moreover, attorney Bonner gave both parties an opportunity to review the agreement prior to meeting with him to execute a final agreement. (N.T. 1-29-13 pg. 46). He sent the agreement via email to the plaintiff alone because the plaintiff allegedly communicated to attorney Bonner that he and the defendant would be discussing it together and the plaintiff would ensure that the defendant received the draft agreement. (N.T. 1-29-13 pg. 51). Additionally, attorney Bonner testified that he received feedback from both parties regarding the terms of the draft agreement. (N.T. 1-29-13 pg. 49).

Attorney Bonner testified that over the course of his meetings with the parties, together and on an individual basis, the defendant never appeared to be distraught; rather, the defendant appeared to be “flippant” or “jovial.” (N.T. 1-29-13 pg. 37). Attorney Bonner testified that the defendant neither confided in him that she was afraid of the plaintiff nor did the defendant appear to him to be afraid of the plaintiff. Moreover, attorney Bonner did not find the plaintiff to be in control of the terms of the agreement during the discussions.

The defendant’s testimony contradicts much of attorney Bonner’s testimony. First, the defendant does not recall meeting with attorney Bonner in May 2012, nor does the defendant recall attorney Bonner’s reviewing the terms of the proposed marital settlement agreement with the parties prior to her signing a final draft. (N.T. 4-1-13 pgs. 9, 20). However, the defendant does recall receiving the proposed [199]*199martial settlement agreement and noticing changes that were incorporated into the final draft. (N.T. 4-1-13 pg. 34). The defendant also testified that she never spoke to attorney Bonner on the telephone regarding her divorce and that all discussions with attorney Bonner occurred while in the plaintiff’s presence. (N.T. 4-1-13 pgs. 12,17).

The defendant testified that she knew the values of the parties’ bank accounts; however, she did not know the value of the plaintiff’s retirement account at the Ellwood City Credit Union. (N.T. 4-1-13 pgs. 23-25). The defendant was also aware of the value of the parties’ IRA accounts. (N.T. 4-1-13 pg. 32). The defendant discussed the division of the vehicles with the plaintiff while at attorney Bonner’s office. (N.T. 4-1-13 pgs. 26-27). The defendant maintains that she and the plaintiff have not discussed any distribution of personal property. (N.T. 4-1-13 pg. 33). The defendant testified that she asked for personal property and never received those items. (N.T. 4-1-13 pg. 33).

The defendant also testified regarding her employment through McConahy farm (hereinafter, the “farm”). The defendant retained the position of bookkeeper for the farm. (N.T. 4-1-13 pg. 35). Through her employment with the farm, the defendant was primarily responsible for paying bills through one of the two accounts in the farm’s name, preparing quarterly reports for tax purposes, and issuing paychecks to the employees. (N.T. 4-1-13 pg. 34-35). The defendant also delivered documents to the accountant upon request. (N.T. 4-1-13 pg. 37).

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Cite This Page — Counsel Stack

Bluebook (online)
33 Pa. D. & C.5th 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcconahy-v-mcconahy-pactcompllawren-2013.