Robert J. Sugarman - Page 8

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               regarding the disposition of existing property rights                  
               and interests between the parties, alimony, alimony                    
               pendente lite, counsel fees or expenses shall not be                   
               subject to modification by the court.                                  
          Therefore, in order for the payments to qualify as alimony within           
          the requirements of section 71(b)(1)(D), Pennsylvania contract              
          law must provide that the payments to be made under the addendum            
          would terminate upon Colleen's death.                                       
          Pennsylvania Contract Law and Liability Under the Addendum                  
               "It is settled that, if a property settlement agreement                
          containing support provisions survives as an enforceable                    
          contract, it is governed by the law of contracts."  Ballestrino             
          v. Ballestrino, 583 A.2d 474, 476 (Pa. Super. Ct. 1990)                     
          (citations omitted).  The addendum does not explicitly state                
          whether the payments therein described are for 24 months absolute           
          or for 24 months only if Colleen survives.  The addendum reads:             
                    Wife will convey all of her right, title and                      
               interest in and to the real estate situate [sic] and                   
               known as 4532 Smith Road, Pineville, Pennsylvania to                   
               Husband for the sum of Forty Thousand Dollars                          
               ($40,000.00).                                                          
                    * * * Simultaneously with the delivery of the deed                
               to Husband or his counsel, Husband shall pay wife the                  
               sum of Twenty Thousand Dollars ($20,000.00).                           
                    The balance of Twenty Thousand Dollars                            
               ($20,000.00) shall be paid to Wife in twenty-four (24)                 
               equal installments * * *.                                              
          The above-quoted section is clear on its face; Colleen is                   
          required to perform, and petitioner is required to perform.                 
          There are no ambiguities or conditions.  This is in contrast to             





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