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Tepe v. Tepe

February 24, 2010

KAREN A. TEPE, PLAINTIFF-RESPONDENT,
v.
DAVID W. TEPE, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FM-16-0026-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 7, 2009

Before Judges Graves and J.N. Harris.

The parties were married in September 1990, and they have two children. The older child, a daughter, is seventeen years old and the younger child, a son, is thirteen. Defendant David Tepe appeals from an order dated July 25, 2008, denying his motion to vacate an amended final judgment of divorce (JOD) dated October 21, 2004.

On appeal, defendant argues as follows:

POINT I

THERE IS NO QUESTION THAT THIS COURT SHOULD VACATE THE OCTOBER 21, 2004 [AMENDED] ORDER OF DIVORCE AND REMAND THE MATTER TO THE TRIAL COURT FOR AN EQUITABLE DIST[R]IBUTION HEARING BECAUSE PLAINTIFF COMMITTED A FRAUD ON THE COURT WHICH MUST BE UNDONE PURSUANT TO RULE 4:50-3.

POINT II

THERE IS NO QUESTION THAT THE TRIAL COURT WHO PRESIDED OVER THE E[Q]UITABLE DISTRIBUTION HEARING FAILED TO COMPLY WITH THE MANDATES OF N.J.S.A. [2A:34-23.1] AND REQU[I]SITE CASE[]LAW INASMUCH AS THERE WAS NO DOCUMENTARY PROOF SUBMITTED VERIFYING PLAINTIFF'S CLAIMS.

POINT III

[THE] AMENDED JUDGMENT OF DIVORCE MUST BE OPENED AS DEFENDANT WAS NOT PROPERLY SERVED.

POINT IV

THIS COURT SHOULD SET ASIDE THE DEFAULT JUDGMENT ...


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