Superior Court 3/26/08 - DONNA M. ANNECHINO v. KENNETH M. JOIRE

DONNA M. ANNECHINO v. KENNETH M. JOIRE
No. 466 and 467 EDA 2007 2008 PA Super 50 Atlantic: n/a Filed: 3/26/2008
Appeal from the Order entered January 25, 2007In the Court of Common Pleas of Chester County,Civil, No. 01-01305
Before: LALLY-GREEN, KLEIN and BENDER, JJ.
Opinion by: KLEIN, J.
Donna M. Annechino (Wife) appeals from the trial court’s order granting Kenneth M. Joire’s (Husband’s) petition to enforce a Property Settlement Agreement that was filed on May 15, 2001. After reviewing the cogent opinion of the distinguished trial judge, the Honorable Phyllis R. Streitel, we affirm.


"In this case, the parties entered into a Marital Property Settlement Agreement prior to the entry of the divorce decree in Chester County and did not incorporate or merge that agreement into the final divorce decree. Essentially, Wife claims that since the agreement was not incorporated and the pleadings did not include a count for equitable distribution, the Chester County court does not have the authority to enforce the Property Settlement Agreement and Husband’s only remedy is a separate civil action in equity.

We agree with Judge Streitel that the matter is controlled by the Divorce Code, 23 Pa.C.S.A. § 3105(a)"