Opinion
File No.: CN17-03721 Petition No.: 17-17694
11-19-2018
Re: M. E. R. v. L. B. R.
Kathryn Laffey, Esquire
Kelleher & Laffey
1509 Gilpin Avenue
Wilmington, DE 19806 Jennifer K. Ellsworth-Aults, Esquire
Poole, Mensinger, Cutrona & Ellsworth-Aults
2710 Centerville Road, Suite 101
Wilmington, DE 19808
LETTER DECISION AND ORDER
Petition Type: Ancillary Dear Counsel:
The Court held a hearing on Ancillary Matters to the parties' divorce on September 6 and 7, 2018 and issued an Ancillary Decision and Order on November 19, 2018. Both parties filed for Reargumet. This is the Court's Order on the Motions for Reargument which are granted in Part.
BALANCE OF MORTGAGE ON MARITAL HOME
Wife alleges in her Motion for Reargument that the Court used the date of hearing value for the Highway mortgage for the date of hearing balance on the mortgage against the marital home. The Court notes that initially the parties Stipulated at the outset of the case to the current balance of $323,425.00 for both of these mortgages. At some point later in the proceeding, the parties corrected the balance of the mortgage on the highway to $330,925.00. The Court inadvertently changed the current balance on the marital home instead of the Highway property. Therefore, this request is appropriate and will be granted.
The Court notes that this balance was original provided as $331,532.00 and corrected.
BALANCE OF MORTGAGES ON HIGHWAY
The parties read into the record that the balance of the first mortgage on the Highway property at the time Wife moved out of the marital home was $348,005.88 and that the balance of the loan to Husband's stepfather was $106,280.00 as of this same date. The Court understood Husband's position to be to use the July, 2017 balances as these were the amounts read into the record at the outset of the hearing. The Court would use the July, 2017 date as this was the date that the parties separated into two separate households. The amortization schedule for the personal loan was not entered into evidence. There was testimony through Husband's Mother regarding the current balance and the dispute that was argued was regarding using a current balance of $98,247.00 versus the date of separation. However, since the amount suggested by Wife actually benefits Husband, the Court will accept the amount proposed by Wife of $107,310.00.
OTHER ISSUES
Husband argues that the Court erred in not diving the smaller promissory note and in using the NADA values for the vehicles. The Court finds that these arguments are not appropriate for reargument as Husband is simply not happy with the Court's rulings on these issues. There is no allegation that the Court overlooked a precedent or legal principle or that the misapprehended the law or facts.
In Re Marriage of Silverstein, 1997 WL 905948, Del. Fam. --------
ORDER
The November 19, 2018 Order is amended as follows:
1. The balance of the mortgage against the marital home at Drive is $323,425.00.
2. The balance of the first promissory loan to Husband's Stepfather is $107,310.00.
3. The equalization payment in paragraph 8 of the November 19, 2018 Order is amended to $104,868.00 according to the attached charts. This amount shall be paid within 90 days.
IT IS SO ORDERED this 17th day of DECEMBER, 2018.
Very truly yours,
Felice Glennon Kerr, Judge FGK:vm Date emailed: 12-17-18
Date mailed: 12-17-18 Division of Marital Property Property division report for M R and L R
| MAmount | LAmount | TotalAmount | |
|---|---|---|---|
| Real Estate Equity | |||
| $31,575 | $0 | $31,575 | |
| Total Value $355,000 | |||
| 1st Mortgage $323,425 | |||
| Marital Equity $31,575 | |||
| Highway | $184,685 | $0 | $184,685 |
| Total Value $640,000 | |||
| 1st Mortgage $348,005 | |||
| 2nd Mortgage $107,310 | |||
| Marital Equity $184,685 | |||
| Total Real Estate Equity | $216,260 | $0 | $216,260 |
| Cash & Investments | |||
| (H) M & T X | $743 | $0 | $743 |
| (W) M & T X | $0 | $62 | $62 |
| (H) Capital One x | $1,225 | $0 | $1,225 |
| (W) Capital One x | $0 | $1,310 | $1,310 |
| (H) WSFS x | $1,534 | $0 | $1,534 |
| (W) M & T x | $0 | $2,187 | $2,187 |
| (W) Capital One x | $0 | $2,686 | $2,686 |
| (W) Capital One x | $0 | $4,023 | $4,023 |
| (W) Capital One x | $0 | $234 | $234 |
| Total Investments | $3,502 | $10,502 | $14,004 |
| Cars and Personal Effects | |||
| Mercedes 2010 | $0 | $11,602 | $11,602 |
| 1994 Jeep Cherokee | $1,675 | $0 | $1,675 |
| 2003 Ford F350 | $8,430 | $0 | $8,430 |
| 1999 Jeep | $1,973 | $0 | $1,973 |
| -- | -- | $0 | |
| -- | -- | $0 | |
| Total Personal Items | $12,078 | $11,602 | $23,680 |
| Subtotal Non-Retirement | $231,840 | $22,104 | $253,944 |
| Subtotal Retirement | $0 | $0 | $0 |
| Total Assets | $231,840 | $22,104 | $253,944 |
| Debts | |||
| Debt #1 | $0 | $0 | $0 |
| Debt #2 | $0 | $0 | $0 |
| Debt #3 | -- | -- | $0 |
| Debt #4 | -- | -- | $0 |
| Total Debt | $0 | $0 | $0 |
| MAmount | LAmount | TotalAmount | |
|---|---|---|---|
| Total Debts | $0 | $0 | $0 |
| Total Assets | $231,840 | $22,104 | $253,944 |
| Total Debts | $0 | $0 | $0 |
| Total Marital Property | $231,840 | $22,104 | $253,944 |
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