- 9 - applicable to contract construction. D’Huy v. D’Huy, 568 A.2d 1289, 1293 (Pa. Super Ct. 1990) (citing Trumpp v. Trumpp, 505 A.2d 601 (Pa. Super Ct. 1985)). These rules require that contractual terms that are otherwise clear and unambiguous be given effect without reference to or reliance upon matters that may have occurred outside of the contract. Id. Equally true, of course, is that where the terms of a contract are ambiguous, parol (i.e., oral) evidence may be received for the limited purpose of resolving these ambiguities. Id. (citing In re Estate of Breyer, 379 A.2d 1305, 1309-1310 (Pa. 1977)). Accordingly, the question remaining is not petitioner’s intent as to the purported oral agreement but rather whether the terms “alimony pendente lite” and “alimony” as used in the order and the agreement are ambiguous. The terms of the order and the agreement are otherwise clear and unambiguous. In the order, the parties expressly agreed that Mr. Gutzler would pay petitioner monthly alimony pendente lite of $1,400 based upon the disparity in their respective incomes. Petitioner may not argue that these payments are excludable from her gross income simply because she earmarked them for other obligations; namely, her own attorney’s fees and payment on a vehicle which, at trial, she testified had been in her possession since February 2002. The notation on the order that petitioner was to remain responsible for payments on the Jeep vehicle in herPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011