Thomas Fredo v. Kristen Fredo (2010)

MEMORANDUM OF DECISION

This matter came before the court in connection with the defendant's Motion for Contempt filed January 27, 2009 (# 162).   The parties and their respective counsel appeared for a hearing on the motion on May 8, 2009 and July 7, 2009, when the parties offered their testimony and that of their witnesses and introduced documentary evidence.   Following the conclusion of the hearing, counsel were ordered to file briefs.

Defendant's motion seeks to hold the plaintiff in contempt for his failure to transfer two lots, one to herself and one to a trust for the benefit of the children of the parties.   The property is located in North Granby, Connecticut.

A review of the file contains the following information.   The parties were married on July 17, 1993.   They have three children, issue of the marriage, to wit:  Thomas P. Fredo, III, born January 9, 1994;  Nicole E. Fredo, born October 14, 1996;  and Alexandra F. Fredo, born February 14, 1998.   On November 24, 2004, the marriage of the parties was dissolved by the court (Gruendel, J.).   The court incorporated the parties' Agreement and Stipulation (# 116.10) (hereinafter “Agreement”) of even date into the judgment.   Paragraph 7(G) of said Agreement is the operative part of the basis for the instant motion.   A copy of said Paragraph 7(G) is attached hereto for easy reference and labeled Schedule A. Other relevant portions of the Agreement will be referred to as needed.

The court has reviewed the file, the transcripts of the hearing, the testimony of the parties and their witnesses, the exhibits and briefs and makes the following findings.   The lots in question to be conveyed to the defendant and to the trust for the children were to be a part of property known as “Cider Mill Heights” and located off of Mountain Road in North Granby.   Portions of most of the property have been subdivided into building lots and some of the property remains to be subdivided.   All of the property is owned or has been owned by TFHB, LLC which is a Limited Liability Company of which the plaintiff and Edward F. Lally are members.

Paragraph 7F of the Agreement entitles the plaintiff to the Fredo family businesses (more fully described in Schedule A) free of any claims of the defendant.   Paragraph 7G of the Agreement sets forth the language concerning the two lots which were “in consideration” of the defendant relinquishing any claims she had to the Fredo family businesses.

The plaintiff argues that “the subdivision approval process has not been completed” and that he has “sole discretion” to select the lots in question.   The court finds that to preserve the integrity of the judgment and carry out the intent of the parties the court should enter orders regarding the conveyance of lots to the defendant, and a trust for the benefit of the children.   The original Cider Mill Heights property has undergone a number of subdivisions and there have been numerous lots already conveyed.   Several lots remain unsold.   The Fredo family businesses are experiencing financial difficulties.   If the lots are not conveyed forthwith, there is a likelihood that the defendant and the trust will never receive their equitable interests in the lots.

The court makes no finding of contempt.

The court enters the following orders:

1.  Within 30 days from the date of this decision the plaintiff shall convey to the defendant a lot of his choosing which shall be an approved lot, free and clear of all encumbrances.   Adjustments for real estate taxes shall be made in accordance with the customary practice in North Granby.

2. Within 30 days from the date of this decision the plaintiff shall convey a lot in trust for the benefit of the parties' children which shall be an approved lot, free and clear of all encumbrances.   Adjustments for real estate taxes shall be made in accordance with the customary practice in North Granby.   Said lot shall be adjacent to the lot conveyed to the defendant.   The terms of the trust created for the conveyance shall be prepared by the plaintiff, at his expense, and approved by the defendant.

3. All other provisions of the Agreement pertaining to said lots shall continue in full force and effect except as modified by the above orders.   The court retains jurisdiction.

SO ORDERED.

BY THE COURT

CARUSO, JTR

Caruso, John R., J.T.R.