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HomeMy WebLinkAbout91-2235 Civil1/5/93 - #2 VIRGINIA E. MEYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW EDGAR A. MEYER, Defendant NO. 2235 CIVIL 1991 • IN DIVORCE IN RE: DEFENDANT'S MOTION TO COMPEL BEFORE OLER J. ORDER OF COURT AND NOW, this 5th day of January, 1993, upon consideration Defendant's Motion To Compel Compliance with a Propert Se of Agreement, and following a hearing,y ttlement it is ORDERED and DIRECTED (a) that Plaintiff pay to Defendant the sum of 51824.29 in regular monthly installments of at least100.00 5 (b) that Defendant pa the balance of the parties' federal income tax debt utilizingy said payments the • (c) that Plaintiff henceforth make all payments on the CitiBank Visa card account in a timely manner, andd Plaintiff and Defendant provide and(d) that and execute all necessary documents within 30 days to facilitate transfer and refinancing vehicles referred to in their marital settlement agreement. o f the Carol Lindsay, Esq. Attorney for Defendant Virginia E. Meyer, Pro Se :rc BY THE COURT, J. VIRGINIA E. MEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW EDGAR A. MEYER, NO. 2235 CIVIL 1991 Defendant IN DIVORCE IN RE: DEFENDANT'S MOTION TO COMPEL COMPLIANCE WITH A PROPERTY SETTLEMENT AGREEMENT BEFORE OLER, J. OPINION AND ORDER OF COURT OLER, J. The present case is a divorce action in which Defendant has filed a Motion To Compel Compliance with a Property Settlement Agreement which was entered as an order of court as part of the divorce decree. A hearing was held on the motion on January 4, 1993, before the undersigned judge. Based upon the evidence submitted at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS OF FACT 1. Defendant and moving party herein is Edgar A. Meyer, an adult individual residing at 3111 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Plaintiff and respondent herein is Virginia E. Meyer, an adult individual residing at Unit C-113, 1422 Bradley Dr., Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties were married on April 11, 1987. 4. The parties separated on June 7, 1991, with Plaintiff leaving the marital home. 5. An item of marital property owned by the parties at the No. 2235 Civil 1991 time of separation was a Zimmer mobile home situate on a lot rented at Leiby's Mobile Home Park, Cumberland County, Pennsylvania. 6. Items of marital debt of the parties included a mortgage upon the mobile home in favor of Commonwealth National Bank, local real estate taxes for two years, a federal Internal Revenue Service debt, and a CitiBank Visa card debt. 7. On December 4, 1991, the parties executed a Marriage Settlement Agreement, providing inter alia that Plaintiff wife pay directly to Commonwealth National Bank the sum of $211.00 for up to six months on the mobile home mortgage payments and that she be responsible for the CitiBank Visa card debt. 8. Defendant husband was to be responsible for the balance of the monthly mortgage payments as well as other debts associated with the mobile home, inter alia. 9. The purpose of the provision of the agreement requiring payments for up to six months by Plaintiff wife on the mortgage was to secure forbearance on the part of the lender with respect to foreclosure, in accordance with an understanding negotiated by Defendant husband; such forbearance was intended by the parties to permit them to sell the mobile home at a more opportune time of the year, under nondistress circumstances. 10. Under the marital settlement agreement, the aforesaid mortgage and tax debts were to be paid from the sale proceeds, with any balance to be divided equally between the parties. 2 No. 2235 Civil 1991 11. Plaintiff wife failed to make any payments on the mortgage as required, as a result of which the mobile home was repossessed and sold under distress circumstances, for approximately $33,000.00. 12. This result was a foreseeable consequence of Plaintiff's breach of the agreement. 13. At the more opportune time of year and under the nondistress circumstances contemplated by the parties for the sale, the mobile home would have sold for approximately $40,000.00, subject to a provision in the agreement that the listing would be with "Leiby's Mobile Home Sales, with Husband as listing agent, at a commission of ten (10%) percent." 14. The actual sale price of the mobile home left a deficiency of $60.87. 15. The aforesaid real estate tax debts of the parties totaled $956.65. 16. The aforesaid federal income tax debt of the parties totaled $2141.07. 17. Defendant husband has to date paid the deficiency debt of $60.87, the real estate tax debt of $956.65, and $525.00 of the federal income tax debt. 18. Plaintiff wife has failed to make regular payments on the aforesaid CitiBank Visa card account, claiming that Defendant husband has not cooperated in the transfer of certain motor 3 No. 2235 Civil 1991 vehicles pursuant to the agreement. 19. Defendant husband has caused to be paid the sum of $245.00 to date on the aforesaid CitiBank Visa card account, since the date of the agreement. 20. The parties were divorced on December 17, 1991. 21. Defendant husband requests in the instant matter (a) that he receive from Plaintiff wife a sum equal to one-half of the deficiency, real estate taxes, and federal income tax, or $1579.29, (b) that he receive from Plaintiff a sum equal to his payments on the CitiBank Visa card account, or $245.00, and (c) that Plaintiff be ordered to assume responsibility for the said account. DISCUSSION Based upon the foregoing findings, and in view of the fact that a strong argument can be made that all, as opposed to half, of the deficiency, real estate taxes, and federal income tax remaining unpaid after the distress sale should be Plaintiff's responsibility by reason of her breach of the agreement, the request of Defendant that these debts be shared equally appears reasonable. The Plaintiff's responsibility for the CitiBank visa card account is also clear. For these reasons, the following Order will be entered: ORDER OF COURT AND NOW, this 5th day of January, 1993, upon consideration of Defendant's Motion To Compel Compliance with a Property Settlement 4 No. 2235 Civil 1991 Agreement, and following a hearing, it is ORDERED and DIRECTED (a) that Plaintiff pay to Defendant the sum of $1824.29 in regular monthly installments of at least $100.00, (b) that Defendant pay the balance of the parties' federal income tax debt utilizing the said payments, (c) that Plaintiff henceforth make all payments on the CitiBank Visa card account in a timely manner, and (d) that Plaintiff and Defendant provide and execute all necessary documents within 30 days to facilitate transfer and refinancing of the vehicles referred to in their marital settlement agreement. Carol Lindsay, Esq. Attorney for Defendant Virginia E. Meyer, Pro Se :rc BY THE COURT, J Wesley Oler, Jr. J. 67