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09/28/88 Delores J. Dunn, F/K/A v. Roger Glenn Thompson Et Al

September 28, 1988

DELORES J. DUNN, F/K/A DELORES J. RAMP, PLAINTIFF-APPELLANT

v.

ROGER GLENN THOMPSON ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

529 N.E.2d 297, 174 Ill. App. 3d 944, 124 Ill. Dec. 477 1988.IL.1461

Appeal from the Circuit Court of Champaign County; the Hon. Harold L. Jensen, Judge, presiding.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. KNECHT and SPITZ, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

On July 20, 1987, the plaintiff, Delores J. Dunn, F/K/A Delores J. Ramp, filed suit in the circuit court of Champaign County seeking foreclosure upon a judgment lien. The complaint alleged the lien was created by plaintiff's judgment of dissolution of marriage entered on May 20, 1983 (cause No. 83-C-390). On November 13, 1987, the court, pursuant to section 2-615(e) of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-615(e)), entered judgment on the pleadings on behalf of the defendants, Roger Glenn Thompson, Loretta Jean Thompson, and American Savings Bank. From this judgment, plaintiff appeals.

The only issue now before us is whether the judgment of dissolution of marriage was sufficient to create a judgment lien.

On May 20, 1983, judgment of dissolution of the marriage of Delores J. Ramp and Gordon W. Ramp was entered by the circuit court of Champaign County. The judgment awarded plaintiff custody of the parties' child, established child support, and further provided:

"IT IS FURTHER ORDERED that the defendant [Gordon W. Ramp] shall pay to the plaintiff [Delores J. Ramp] as and for a full settlement of all claims arising out of the marriage or otherwise, the sum of Thirty Thousand Dollars ($30,000.00) payable in the following manner: Twenty Thousand Dollars ($20,000.00) upon the entry of this judgment and Ten Thousand Dollars ($10,000.00) on or before the 15th day of November, 1983. That the defendant shall execute a note for the said sum being due as evidence of this obligation. IT IS FURTHER ORDERED that the plaintiff shall immediately release and

relinquish any right, title, or interest she may have in the marital home of the parties and also the Ramp business enterprises, which is principally known as Waterbed Oasis, Inc."

On September 6, 1983, a certified copy of the judgment of dissolution was recorded with the Piatt County recorder of deeds. On December 30, 1983, a supplemental court order was entered extending the due date of the $10,000 obligation to May 15, 1984. The supplemental order further conditionally waived payment of statutory interest if the obligation was paid on or before the extended date. Such payment, however, was never made.

On December 4, 1985, Gordon W. Ramp filed personal bankruptcy. The marital residence had been previously transferred to Roger and Loretta Thompson, the defendants herein.

The plaintiff's complaint sought foreclosure of judgment lien alleged to have been created by the dissolution order. The plaintiff specifically maintained the language establishing an obligation on behalf of her husband in the amount of $10,000 was sufficient to create a judgment from which a judgment lien was recorded pursuant to section 12-101 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 12-101). The defendants denied existence of such a lien and moved for judgment on the pleadings. On November 13, 1987, the court granted judgment in favor of the defendants, specifically finding:

"[The] payment order heretofore entered in cause No. 83-C-390 was not a judgment nor was a lien created that would be susceptible to foreclosure as sought by ...


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