The 2005 Letter Agreement, which "amends and restates" the 2002 Letter Agreement, contained identical language and attached the 2002 Letter Agreement as an exhibit. See id. ; see also Matlock v. Matlock , 664 A.2d 551, 514 (Pa. Super. 1995) (holding qualified domestic relations order (QDRO) and property settlement agreement (PSA) combine to form one agreement where QDRO was attached to PSA as exhibit and PSA specifically refers to QRDO as exhibit). The matter sub judice is readily distinguishable.
The terms of a contract include terms in documents that a signed contract document specifically and clearly identifies and expressly incorporates by reference. Southwestern Energy Production, Co. v. Forest Resources, LLC , 83 A.3d 177, 187-88 (Pa. Super. 2013) (terms in separate documents incorporated by reference in a written contract constitute terms of that contract); Matlock v. Matlock , 444 Pa.Super. 507, 513-14, 664 A.2d 551 (1995) (document that parties specifically referenced in their agreement was part of their agreement); Century Indemnity Co. v. Certain Underwriters at Lloyd's, London , 584 F.3d 513, 534, 555 (3d Cir. 2009) (under Pennsylvania law, party was bound by arbitration clause in agreement between other parties that its contract incorporated by reference). The Brady CAP Account Application signed by Trustee specifically referenced the CAP Account Agreement and stated that Trustee agreed on behalf of the Brady Trust to be bound by the terms and conditions in the CAP Account Agreement and the documents incorporated by reference in the CAP Account Agreement.
We believe that when a post-nuptial agreement is a complete property settlement agreement and maintains its independent contractual status as is the case instantly, then any subsequent reconciliation or remarriage of the parties does not abrogate the agreement. Additionally, appellant posits that property settlement agreements are governed by general rules of contract, Matlock v.Matlock, 444 Pa. Super. 507, 664 A.2d 551 (1995), and under general contract principles, a rescission of a contract may be inferred from the parties' acts and declarations and is an issue for the fact-finder to resolve. Johnston v. Johnston, 346 Pa. Super. 427, 499 A.2d 1074 (1985).