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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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