- 16 -
28-AB Acknowledgment of Receipt and Release, executed
by Ms. Wagner on July 1, 1994, and filed on
July 12, 1994.
29-AC Ms. Wagner's Answer to Request for Admission,
dated August 11, 1992, executed in connection
with the annulment proceeding.
Respondent's counsel set forth his objection to the
exhibits in paragraph 7 of the stipulation of facts and
paragraph 55 of the supplement to stipulation of facts,
which state as follows:
7. Respondent also objects to admission
into evidence of Joint Exhibits 5-E, 6-F, 7-G.
8-H, 9-I, 10-J, 12-L, 13-M, 15-O, 16-P, 17-Q,
23-W, 24-X, 26-Z, 27-AA, and 28-AB on the
grounds that the Annulment Agreement * * *
represents the complete understanding of the
parties and constitutes a full and final
settlement of all claims or claims against the
other, known or unknown, without any reserva-
tion of any rights, either in law, equity, tort,
contract, or in any other fashion, and may not
be modified except in writing and signed by all
of the parties. Joint Exhibits 5-E, 6-F, 7-G,
8-H, 9-I, 10-J, 12-L, 13-M, 15-O, 16-P, 17-Q,
23-W, 24-X, 26-Z, 27-AA, and 28-AB could not be
admitted as parole [sic] evidence in an action
between Pettid and Wagner to alter the construc-
tion of the Annulment Agreement or to show its
unenforceability because of mistake, undue
influence, fraud, duress, etc. Commissioner
v. Danielson, 378 F.2d 771, 775 (3rd Cir. 1967).
* * *
55. In paragraph 7 of the Stipulation of
Facts, Respondent objected to admission of
several Joint Exhibits into evidence. Respondent
continues to object to all of the Joint Exhibits
listed in paragraph 7 of the Stipulation of Facts
and now adds Joint Exhibits 25-Y and 29-AC.
* * *
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: May 25, 2011