Richard David Czepiel - Page 3




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          certain real property in which they and their two children had              
          been living prior to their divorce (marital residence) and                  
          (b) Mr. Czepiel to assume and pay the existing mortgage loan on             
          that property; (2) Ms. Czepiel to retain her two IRA accounts;              
          (3)(a) Mr. Czepiel to retain a certain automobile and (b) Ms.               
          Czepiel to execute any documents necessary to have the title to             
          that automobile solely in Mr. Czepiel's name; and (4) Mr. Czepiel           
          to pay to Ms. Czepiel "the sum of twenty-nine thousand ($29,000.)           
          dollars as a further division of marital property".                         
               In January 1995, the total equity in the marital residence             
          was approximately $25,000, which represented less than 25 percent           
          of its fair market value at that time.  At that time, Mr. Czepiel           
          was several months behind in his mortgage loan payments on the              
          marital residence, which resulted in threats of foreclosure by              
          the mortgage loan holder, he had exceeded the credit limit on               
          each of his credit cards, and he was unable to borrow against the           
          marital residence.  The only funds available to petitioner in               
          January 1995 consisted of approximately $33,000 on deposit in two           
          IRA's that he maintained at BayBank.  The foregoing financial               
          situation with respect to Mr. Czepiel did not change over the               
          period January 1995 through July 1995.                                      
               On January 20, 1995, Mr. Czepiel filed a motion for clar-              
          ification of the divorce judgment and to amend that judgment with           







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