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EVELYN TOWNSEND AND CATHERINE JUDITH TOWNSEND v. DARRYL E. R. TOWNSEND (06/04/82)

filed: June 4, 1982.

EVELYN TOWNSEND AND CATHERINE JUDITH TOWNSEND
v.
DARRYL E. R. TOWNSEND, APPELLANT



NO. 10 PHILADELPHIA, 1981, Appeal from the Order dated December 3, 1980 of the Court of Common Pleas of Chester County, Civil, No. 10 of 1979.

COUNSEL

David C. Patten, West Chester, for appellant.

Paul C. Van Dyke, Media, for appellees.

McEwen, Montemuro and Shertz, JJ. Shertz, J., did not participate in the consideration or decision of this case.

Author: Mcewen

[ 300 Pa. Super. Page 311]

We here consider an appeal from an Order of the Chancellor expressing interpretation of a property settlement agreement and directing appellant to complete certain payments provided for by that agreement. We affirm.

[ 300 Pa. Super. Page 312]

Evelyn Townsend and Darryl E. R. Townsend were married in 1957. Two daughters were born of the union including Catherine Judith Townsend, an appellee herein, who was born on November 19, 1960. The parents, prior to a 1973 divorce, entered into a property settlement agreement which is the subject of this equity proceeding. Two paragraphs of that property settlement agreement are the subject of this appeal, namely:

3. Husband shall pay to Wife the sum of $1,000.00 per month calculated as follows: $350 per month for Wife and $325 per month for support of each child. Payment of Wife's support shall continue for lifetime of Husband or until such time as Wife may remarry or dies. Payments to each child shall continue until each arrives at the age of eighteen (18) years or for as long as such child attends a college or university on a full time basis, not to exceed four years. Emancipation before that time will end child's support. Remarriage of Wife will not affect the amount of children's support. Upon the emancipation or graduation of the youngest child as aforesaid, it is agreed that Wife's support shall remain at $350 per month.

6. Husband agrees that he will pay all tuition, fee and book expenses incident to the post-high school education of their said children, including undergraduate college, provided he is consulted in advance of registration of the child at training school or college and his approval is given, it being understood that such approval is not to be unreasonably or capriciously withheld. However, if Husband does not consent to the training school or college selected by the Wife and children, he shall be bound to pay tuition fees for a training school or college equivalent to that of a non-boarding student at a college or school in the area of the residence of the Wife and children. It is further agreed that Wife shall pay room, board and living expenses of each child at such post-high school institution up to $1,000 (One Thousand Dollars) per year. Husband shall pay any reasonable required living expense beyond that figure.

[ 300 Pa. Super. Page 313]

The appellant resides in Illinois while Catherine Judith resides with her mother in Pennsylvania and attends Mount Holyoke College in Massachusetts. While the Chancellor made certain rulings required by reason of the fact that Catherine Judith is pursuing her college studies at an institution outside the area of ...


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