On appeal from the Superior Court, Bergen County, Chancery Division.
Pressler, Dreier and Bilder. The opinion of the court was delivered by Pressler, P.J.A.D.
This is an appeal in a post-judgment matrimonial proceeding challenging two orders entered by the Family Part, one entered on March 12, 1985 and one entered on March 28, 1985, both of which, in effect, confirmed prior orders of the court dealing with the marital residence.
The background of this controversy is set forth in our previous opinion in this matter filed on December 11, 1984 under docket numbers A-684-83T3 and A-4122-83T3. Suffice it to say that we there affirmed, among other dispositions made by the trial judge, his order of May 4, 1984, by which he directed defendant Charles Roselin to execute the contract for sale of the marital residence to Mansoor A. Arain. The contract had already been executed both by plaintiff Ina Roselin and Arain, the court having assured itself, by an up-to-date appraisal, of the fairness of the purchase price. We further point out that during the pendency of that appeal and in response to yet another enforcement motion brought by plaintiff, the trial
judge, by order entered on September 20, 1984, confirmed his direction to defendant to sign the contract.
The simple and indeed sad fact is that defendant does not want to either vacate or sell the marital residence and, therefore, has persistently refused to comply with any of the trial court's orders, including those which we affirmed. Arain, on the other hand, remains ready, willing and able to consummate the purchase and has been attempting to do so.
The events leading to this latest chapter of the controversy began on the very date our 1984 opinion was filed when defendant moved for vacation of the September 20, 1984 order "on the basis of new material." The new material was an offer by his sister, Millicent Roselin, to purchase the property for $2,500 more than the Arain contract price. The sister apparently is willing to permit defendant's continued residence. On December 21, 1984, plaintiff, who up to this point had actively sought the court's aid in consummating the Arain transaction, wrote to the trial judge joining in defendant's application. Her letter, in part, stated:
I am desperately trying to maintain a sense of balance in the midst of this grotesque nightmare I have been living thru for the past five years.
I would like to add that my daughter Rita is now living with Charles. And both girls seem to be happy there. Rita moved in because the Electric Company shut off the electricity in their house.
Once again, I would be grateful if you will allow Millicent Roselin to purchase the house so this sad case can be over with some joy for me.
The trial judge dismissed defendant's motion without prejudice, pointing out to him that "since third parties are involved I will make no order unless they are, also, served with notice." On January 14, 1985, defendant renewed his motion, this time noticing Arain's attorney, who had been an observer of all prior proceedings, including the appeal and motions made to this court during its pendency. Plaintiff, still appearing pro se, filed a cross-motion joining in defendant's latest application. ...