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HomeMy WebLinkAbout2008-1914 Civil TERI L. ILGEN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : BERNARD A. ILGEN, : DEFENDANT : 08-1914 CIVIL TERM IN RE: EXCEPTIONS OF DEFENDANT TO THE REPORT OF THE DIVORCE MASTER MEMORANDUM OPINION AND ORDER OF COURT Bayley, J., September 28, 2009:-- Teri L. Ilgen and Bernard A. Ilgen were married on May 7, 2001. They separated in September, 2005. Husband still lives in the jointly owned marital residence at 933 South Michael Road, Saint Marys, Elk County, Pennsylvania. On June 21, 2008, the home was appraised at $180,000. There is no mortgage on the property. Wife sought equitable distribution of marital property. A hearing was held before the Cumberland County Divorce Master. Husband did not participate. The Master filed a Report recommending that the divorce be granted pursuant to 23 Pa.C.S. Section 3301(d) of the Divorce Code, along with recommendation for the equitable distribution of marital property. Husband filed exceptions to the proposed economic order. All of the exceptions were fact based. The issues were briefed and argued on September 9, 2009. Under Cumberland County Rule of Court 1028(c)(6), pertaining to argument court: “Issues raised, but not briefed, shall be deemed abandoned.” The only issues briefed by defendant are: The Defendant’s residence, 933 S. Michael Road, Saint Marys, Pa. was illegally entered during multiple break ins [sic] from April 2008 to August 2008, by the Plaintiff, Teri L. Parana. During these break ins [sic], property was taken, property was destroyed, and legal and financial documents stolen or destroyed, causing more financial hardship to the Defendant. 08-1914 CIVIL TERM On June 12, 2009, a Divorce Master’s report was filed and contained false statements made by Plaintiff, Teri L. Ilgen and should be subjected to the penalties. There is no evidence in the record to support either exception. Accordingly, we will dismiss defendant’s exceptions to the Divorce Master’s Report. Concurrent with the entry of a 1 decree in divorce, the following economic order is entered. ORDER OF COURT IT IS ORDERED: AND NOW, this day of September, 2009, (1) Except for the marital residence at 933 South Michael Road, Saint Marys, Elk County, Pennsylvania, all marital property currently in the possession of either husband or wife is awarded to that spouse. (2) Husband shall pay wife $120,000, plus the sanction of $720, for a total of $120,720 within sixty days of this date. When this payment is made, wife shall transfer all her right, title and interest in 933 South Michael Road, Saint Marys, Elk County, Pennsylvania to husband. If the payment is not made but, within sixty days of this date, husband has a written financing commitment for the property, a copy of which he has provided wife, that will produce $120,720 to be paid to wife at settlement, the $120,720 shall be paid to wife at settlement at which time she shall transfer all her right, title and interest in the property to husband. (3) If the marital property is not transferred to husband pursuant to Paragraph 2, or upon the cancellation of any settlement under the second option in Paragraph 2, wife is granted a limited power of attorney to (1) list the marital property for sale with a reputable __________ 1 We will adjust the timeframe recommended by the Master with respect to the payment -2- 08-1914 CIVIL TERM realtor at a price recommended by the realtor, (2) sell the property at a price agreed by her and the buyer, and transfer the property to the buyer by signing all necessary documents for herself and for husband as his power of attorney. Upon receipt of the net proceeds of sale, including the payment of a realtor’s fee, wife shall receive $120,720. Any remaining proceeds shall be distributed to husband. (4) If wife lists the property for sale it shall be husband’s duty to fully cooperate with the realtor for the proper presentation and showing of the property. If he does so he may live in the property until it is sold. If he fails in his duty wife may seek and obtain an order in this court requiring him to vacate the premises. (5) Wife shall have access to the marital residence and may not be prevented entry by husband. By the Court, Edgar B. Bayley, J. Jane Adams, Esquire For Teri L. Ilgen Bernard A. Ilgen, Pro se 933 South Michael Road Saint Marys, PA 15857 E. Robert Elicker, II, Esquire Divorce Master for or sale of the marital residence. -3- 08-1914 CIVIL TERM :sal -4- TERI L. ILGEN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : V. : : BERNARD A. ILGEN, : DEFENDANT : 08-1914 CIVIL TERM IN RE: EXCEPTIONS OF DEFENDANT TO THE REPORT OF THE DIVORCE MASTER ORDER OF COURT IT IS ORDERED: AND NOW, this day of September, 2009, (1) Except for the marital residence at 933 South Michael Road, Saint Marys, Elk County, Pennsylvania, all marital property currently in the possession of either husband or wife is awarded to that spouse. (2) Husband shall pay wife $120,000, plus the sanction of $720, for a total of $120,720 within sixty days of this date. When this payment is made, wife shall transfer all her right, title and interest in 933 South Michael Road, Saint Marys, Elk County, Pennsylvania to husband. If the payment is not made but, within sixty days of this date, husband has a written financing commitment for the property, a copy of which he has provided wife, that will produce $120,720 to be paid to wife at settlement, the $120,720 shall be paid to wife at settlement at which time she shall transfer all her right, title and interest in the property to husband. (3) If the marital property is not transferred to husband pursuant to Paragraph 2, or upon the cancellation of any settlement under the second option in Paragraph 2, wife is granted a limited power of attorney to (1) list the marital property for sale with a reputable realtor at a price recommended by the realtor, (2) sell the property at a price agreed by her and the buyer, and transfer the property to the buyer by signing all necessary documents for 08-1914 CIVIL TERM herself and for husband as his power of attorney. Upon receipt of the net proceeds of sale, including the payment of a realtor’s fee, wife shall receive $120,720. Any remaining proceeds shall be distributed to husband. (4) If wife lists the property for sale it shall be husband’s duty to fully cooperate with the realtor for the proper presentation and showing of the property. If he does so he may live in the property until it is sold. If he fails in his duty wife may seek and obtain an order in this court requiring him to vacate the premises. (5) Wife shall have access to the marital residence and may not be prevented entry by husband. By the Court, Edgar B. Bayley, J. Jane Adams, Esquire For Teri L. Ilgen Bernard A. Ilgen, Pro se 933 South Michael Road Saint Marys, PA 15857 E. Robert Elicker, II, Esquire Divorce Master :sal -2-