United States v. Chapuisat

8 Pa. D. & C.4th 467, 1990 Pa. Dist. & Cnty. Dec. LEXIS 161
CourtPennsylvania Court of Common Pleas, Luzerne County
DecidedJune 27, 1990
Docket2283-L of 1989
StatusPublished

This text of 8 Pa. D. & C.4th 467 (United States v. Chapuisat) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Luzerne County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Chapuisat, 8 Pa. D. & C.4th 467, 1990 Pa. Dist. & Cnty. Dec. LEXIS 161 (Pa. Super. Ct. 1990).

Opinion

HOURIGAN, P.J.,

This matter is before the court on defendant’s motion for judgment on the pleadings.

HISTORY AND FACTS

On October 18, 1989, plaintiff filed a praecipe for writ of revival and a writ of revival against the terre tenant. This writ is based upon a judgment that plaintiff entered on March 4, 1983, to no. 459-L of 1983 against Colleen B. Judge in the amount of $97,636.56, and a judgment that plaintiff entered on April 29, 1983, to no. 880-L of 1983 against James W. Judge in the amount of $98,352.56. These judgments resulted from a lawsuit that plaintiff filed to no. 82-0819 in the United States District Court for the Middle District of Pennsylvania against James W. Judge and Colleen B. Judge.

In that federal action, the default judgment entered on February 14, 1983, against Colleen B. Judge appears as follows:

“Judgment is hereby entered in favor of the plaintiff, United States of America, and against the defendant, Colleen B. Judge {only) in the amount of $97,636.56, plus interest in the sum of $1,634.69 to [468]*468the date of judgment, together with interest pursuant to Title 28, U.S. Code, section 1961, at the legal rate of 8.65 percent per annum from the date of judgment, plus costs in the sum of $37.70, ($20 to the United States Attorney’s office, $11.20 to the United States Marshal’s Service and $6.50 for entering judgment locally and for foreclosure and sale of the mortgaged property). In the event there is a balance still due the plaintiff after application of the sale proceeds, then plaintiff requests that a deficiency judgment be entered against the defendant.”

Further, on March 21, 1983, the judgment was entered in the federal action against James W. Judge as follows:

“It is ordered and adjudged that judgment be and hereby is entered in favor of the plaintiff, United States of America, on behalf of its agency the Small Business Administration, and against the defendant James W. Judge, in the amount of $98,352.56 plus interest accruing on the obligation from March 9, 1983 at the daily rate of $2.71 until judgment and at the legal rate thereafter, plus costs of suit, fees and expense of sale.”

At all times relevant to this proceeding, James W. Judge and Colleen B. Judge were husband and wife and were the owners, as tenants by the entireties, of real estate located in Luzerne County. By deed dated June 27, 1985, the Judges conveyed this entireties property to Mary Blair V. Chapuisat, the terre tenant herein; this deed was subsequently recorded on August 2, 1985, in Luzerne County Deed Book 2166, page 802.

The terre tenant herein filed her answer and new matter to plaintiff’s writ of revival on December 5, 1989, with the present motion for judgment on the pleadings filed on March 9, 1990.

[469]*469DISCUSSION AND LAW

Terre tenant’s motion for judgment on the pleadings avers as follows:

.“(1) As a result of plaintiff’s failure to respond to terre tenant’s new matter, the allegations contained in this new matter are deemed admitted;

“(2) Plaintiff has improperly joined two separate judgments into this revival action for the purpose of attempting to create a terre tenant status where none exists under each individual judgment; and

“(3) The judgment sought to be revived by plaintiff did not attach to any real property owned by terre tenant and she is, therefore, improperly joined in this revival action.”

A motion for judgment on the pleadings may be granted only in cases where no facts are at issue and the law is so clear that a trial would be a fruitless exercise. Keystone Automated Equipment Co. Inc. v. Reliance Insurance Co., 369 Pa. Super. 472, 535 A.2d 648 (1988). In addition, a court must view as true all well-pled facts of the non-moving party. Beardell v. Western Wayne School District, 91 Pa. Commw. 348, 496 A.2d 1373 (1985). In a motion for judgment on the pleadings, all well-pled material facts and inferences reasonably deduced therefrom must be accepted as true, but conclusions of law and unjustified inferences will not be so considered. Merritt v. Board of Education of School District of Philadelphia, 99 Pa. Commw. 178, 513 A.2d 504 (1986).

Initially, the terre tenant contends that plaintiff’s failure to file a responsive pleading to her new matter should result in the allegations contained therein being deemed admitted. Pursuant to Pa.R.C.P. 1029, where a party fails to reply to new matter the averments of such new matter will be considered as true for purposes of a motion for [470]*470judgment on the pleadings. See Boyle v. O’Hara, 29 Bucks L.R. 321 (1976); Dixon v. Keystone Centers Inc., 16 Lebanon Leg. J. 148 (1976); and Marvin Shore Advertising Inc. v. The Legal Intelligencer Inc., 72 D.&C. 2d 470 (1975). Accordingly, for purposes of this particular proceeding, the material facts in terre tenant’s new matter are accepted as true. However, insofar as the factual allegations in this new matter are insufficient to be dispositive of this action, the additional arguments of terre tenant in support of this motion must be addressed.

The terre tenant contends that separate judgments were entered in federal court against Colleen B. Judge and James W. Judge; the terre tenant points out that the docket of the federal action against the Judges indicates that a judgment was entered on February 14, 1983 against Colleen B. Judge “only,” while a separate judgment against James W. Judge was entered on March 21, 1983. Moreover, these judgments were for different amounts of money, contained different provisions, and were filed to different terms and numbers in our court on different days. Plaintiff counters by stating that both judgments arose out of a joint action against the Judges as husband and wife, and therefore, these judgments are not separate and distinct judgments against each of the Judges.

For purposes of this proceeding, a determination as to whether the subject judgments were separate or joint is crucial because, under Pennsylvania law, a creditor of either spouse cannot acquire, by judgment, an enforceable lien on entireties property. Stop 35 Inc. v. Haines, 374 Pa. Super. 604, 543 A.2d 1133 (1988). Since entireties property is not subject to separate debts of either spouse, this property may be conveyed without infringing upon the rights of the individual creditors of the husband and wife. See [471]*471Stauffer v. Stauffer, 465 Pa. 558, 351 A.2d 236 (1976), and Stop 35 Inc., supra.

In support of her position, terre tenant cites the case of Blusiewicz v. Rosenfield, 33 D.&C. 2d 470 (1964). In Blusiewicz, a creditor entered judgment against a husband and wife individually on the same day and it was held that:

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Related

Stauffer v. Stauffer
351 A.2d 236 (Supreme Court of Pennsylvania, 1976)
Stop 35, Inc. v. Haines
543 A.2d 1133 (Supreme Court of Pennsylvania, 1988)
Keystone Automated Equipment Co. v. Reliance Insurance
535 A.2d 648 (Supreme Court of Pennsylvania, 1988)
Beardell v. Western Wayne School District
496 A.2d 1373 (Commonwealth Court of Pennsylvania, 1985)
Merritt v. Board of Education
513 A.2d 504 (Commonwealth Court of Pennsylvania, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
8 Pa. D. & C.4th 467, 1990 Pa. Dist. & Cnty. Dec. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chapuisat-pactcomplluzern-1990.