Andrea Cipriano - Page 3




                                        - 3 -                                         
               Under the terms of the agreement, petitioner was entitled to           
          receive $385,000, representing the value of her share of the                
          marital assets.  Under the agreement, of the total $385,000,                
          petitioner was to receive $235,000 in cash immediately after the            
          divorce, and petitioner was to receive the remaining $150,000               
          through a series of 5 annual installments of $30,000, plus                  
          interest of 5.5 percent per year on the unpaid balance.                     
               To secure payment of the installment payments that were due,           
          petitioner received a mortgage on real estate owned by                      
          petitioner’s ex-spouse.  The language from the agreement relating           
          to the mortgage stated as follows:                                          

                    A mortgage in the amount of $150,000 shall be                     
                    recorded against the real estate * * * which                      
                    mortgage shall bear interest at the rate of                       
                    5.5% and shall be paid in annual installments                     
                    of $30,000 plus all accrued interest over a                       
                    period of five (5) years, each payment                            
                    falling due on the anniversary date of this                       
                    Agreement.                                                        

               Under the agreement, petitioner’s ex-spouse was also liable            
          for all attorney’s fees incurred by petitioner in enforcing                 
          payment of amounts due under the agreement.                                 
               As part of the property settlement agreement, petitioner and           
          her ex-spouse each agreed to relinquish any rights they then                
          owned in property held by the other spouse.                                 









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011