- 3 - property in Pineville, Pennsylvania (Pineville property), which they owned jointly. At some point in the relationship, marital difficulties arose. In January 1989, petitioner and Colleen entered into a separation agreement (the agreement). The agreement includes, inter alia, custody provisions, support and alimony provisions, and property distribution provisions. The property distribution provisions provide, in part, for the sale of the Pineville property. Those provisions also provide for Colleen to receive specified amounts from the sale and contingent possibilities if no sale is completed. The agreement further states that it "shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns." Pursuant to its terms and the subsequent divorce decree, the agreement was incorporated into, but not merged with, the divorce decree. Approximately 1 month later, petitioner and Colleen were divorced pursuant to a decree dated February 10, 1989. On May 11, 1989, petitioner offered to pay Colleen, in return for her interest in the Pineville property, a lump sum of $20,000, and $20,000 over 2 years in equal monthly installments of $833.33. In July 1989, petitioner and Colleen entered into an agreement entitled "Addendum to Property Settlement Dated January 11, 1989 Between Robert J. Sugarman and M. Colleen Sugarman" (the addendum), which modified the agreement. The addendum was written expressly to replace the provisions of the agreementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011