Ballestrino v. Ballestrino

I join my esteemed colleagues in concluding that the appeal taken on July 19, 1989 from a trial court order entered on April 22, 1988 must be quashed for the reasons set forth in the majority opinion. I also agree that we are presented with a single issue for review: May an agreement of support contained in a property settlement agreement be modified when such agreement is incorporated in a decree of divorce which provides that “said Agreement shall not merge with, but shall survive this Decree and Order”?

For me, the answer is found in § 401.1 of the Divorce Code, 28 P.S. § 401.1 (as amended…