Spinneweber, M. v. Cunningham, T.

CourtSuperior Court of Pennsylvania
DecidedAugust 22, 2023
Docket790 WDA 2022
StatusUnpublished

This text of Spinneweber, M. v. Cunningham, T. (Spinneweber, M. v. Cunningham, T.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spinneweber, M. v. Cunningham, T., (Pa. Ct. App. 2023).

Opinion

J-A06010-23

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT OP 65.37

MICHAEL SPINNEWEBER : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : TRACY A. CUNNINGHAM : : Appellant : No. 790 WDA 2022

Appeal from the Order Entered June 2, 2022 In the Court of Common Pleas of Butler County Civil Division at No(s): 21-90181-D

BEFORE: OLSON, J., NICHOLS, J., and PELLEGRINI, J.*

MEMORANDUM BY OLSON, J.: FILED: August 22, 2023

Appellant, Tracy A. Cunningham (“Wife”), appeals from the June 2, 2022

order denying her amended motion to disqualify counsel for Michael

Spinneweber (“Husband”). We affirm.

Husband and Wife were married on October 15, 2001. On March 25,

2021, Husband filed a complaint for divorce in Butler County Court of Common

Pleas. At that time, Husband was represented by Robert W. Galbraith,

Esquire. On March 18, 2022, Husband changed counsel and retained Jill D.

Sinatra, Esquire (“Attorney Sinatra”) and the firm Gilliland, Vanasdale, and

Sinatra Law Office, LLC (“GVS Law”).

____________________________________________

* Retired Senior Judge assigned to the Superior Court. J-A06010-23

On April 27, 2022, Wife filed the instant motion, seeking to disqualify

Attorney Sinatra and GVS Law.1 In her motion, Wife alleged that Attorney

Sinatra and GVS Law “ha[d] a direct conflict of interest” because, in August

2013, Husband and Wife met with Attorney Sinatra regarding litigation

involving Husband’s business, MLG Land Development (hereinafter, the “2013

Consultation”). Wife’s Amended Motion, 4/27/22, at *1 (unpaginated).

During the 2013 Consultation, Wife claimed the parties provided to Attorney

Sinatra “detailed information concerning their business operations, their roles

within their business operations” and “plans for addressing not only [a]

pending litigation[ matter,] but also other ongoing business matters.” Id. In

addition, Wife alleged that, in July 2014, when Attorney Sinatra was

associated with Lisa Marie Vari & Associates, Wife consulted with Attorney

Sinatra about potentially divorcing Husband (hereinafter, the “2014

Consultation”). Id. at *2. During the 2014 Consultation, Wife alleged that

she “provided detailed and privileged information concerning the parties’

marriage, business assets and income.” Id.

Husband filed a response to Wife’s motion the same day. Initially,

Husband argued the 2013 Consultation never occurred, pointing to the lack of

evidence and to the fact that, in 2013, Attorney Sinatra was a solo

1 On March 31, 2022, Wife filed a motion seeking to disqualify Attorney Sinatra. Wife later withdrew her motion. Then, on April 21, 2022, Gary T. Vanasdale, Esquire, and Jen GV Gilliland Vanasdale, Esquire, of GVS Law entered their appearances on Husband’s behalf. See Praecipe for Appearance, 4/21/22, at 1.

-2- J-A06010-23

practitioner, focusing exclusively on criminal defense and family law, not civil

litigation. Husband’s Response, 4/27/22, at *2 (unpaginated). Husband,

however, admitted that, at the alleged time of the 2014 Consultation, Attorney

Sinatra worked at Lisa Marie Vari & Associates and that, upon investigation,

records of the 2014 Consultation existed. Id. at *5. Attorney Sinatra

nonetheless claimed that she did not recall the 2014 Consultation and that

she possessed no records relevant to the matter. Id.

On May 3, 2022, the trial court conducted a hearing on Wife’s motion,

during which Lisa Vari and Wife testified.2 At the outset of the hearing, the

parties stipulated that Attorney Sinatra did, in fact, work at Lisa Vari

& Associates in 2014. Attorney Vari testified that her records indicated Wife

“was sent a fee agreement,” but she “did not have any notes of a consultation

on hand” or “any documents that [Wife] may have submitted.” N.T. Hearing,

5/3/22, at 10-11. Attorney Vari explained it was her policy to discard any

information or documentation obtained from a consultation if, within two years

of a consultation, a person did not sign a fee agreement and, as such, retain

her firms’ services. Id. at 11. Attorney Vari also explained that, in 2014,

Attorney Sinatra was the “main person” conducting divorce consultations and

she did not employ any other female associates resembling Attorney Sinatra

during the relevant time. Id. at 12. Attorney Vari admitted, however, that

2 Jaloyn Fockler also testified.N.T. Hearing, 5/3/22, at 46-48. Her testimony did not pertain to either the 2013 or the 2014 Consultation. Id.

-3- J-A06010-23

she did not know, for certain, who conducted the 2014 Consultation, its

duration, or what information was conveyed. Id. at 23-24.

Thereafter, Wife testified. At the outset, Wife admitted the 2013

Consultation did not occur, but “was very certain” that Attorney Sinatra

participated in the 2014 Consultation. Id. at 25-26 and 31. Wife testified

that she “kept all of [the] copies of . . . the information [she] provided” to

Attorney Sinatra during the 2014 Consultation, as well as the fee agreement

from Lisa Marie Vari & Associates, and a business card with Attorney Sinatra’s

name handwritten on it.3 Id. at 26. Wife also described the documents and

information she brought to the 2014 Consultation as follows:

copies of three years of tax returns, both personal and business, . . . some bank statements, some credit card statements, pay stubs, information pertaining to investment accounts, some copies of some property deeds, as well as . . . [a] summary of all assets and liabilities. … And some balance sheets from the business [and] . . . a list of questions.

Id. at 29. Wife, however, stipulated that “many of the records provided

[during the 2014 Consultation] were not confidential” because they related to

accounts or properties held jointly with Husband. Id. at 35. Nonetheless,

Wife claimed she disclosed “intimate details about [her] relationship with

[Husband]” and conveyed concerns about the parties’ business during the

consultation. Id. at 31. Ultimately, Wife admitted she did not retain Lisa

3 Wife stated that Attorney Sinatra wrote her name on the business card because “she just joined with the firm not that long ago and she did [not] have her own business cards yet at that time.” N.T. Hearing, 5/3/22, at 28.

-4- J-A06010-23

Marie Vari & Associates to represent her in divorce proceedings. Id. at 31 and

38. Thereafter, on June 1, 2022, the trial court denied Wife’s motion. This

timely appeal followed.

Wife raises the following issues on appeal:

[Whether the trial court abused its discretion or committed an error of law in denying Wife’s motion to disqualify Attorney Sinatra and GVS Law?]

Wife’s Brief at 3-4.4 ____________________________________________

4 Wife’s Statement of the Questions Involved on appeal is, as follows:

1.

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Bluebook (online)
Spinneweber, M. v. Cunningham, T., Counsel Stack Legal Research, https://law.counselstack.com/opinion/spinneweber-m-v-cunningham-t-pasuperct-2023.