Appeal from the Judgment entered August 18, 1988 in the Court of Common Pleas of Erie County, Civil at No. 113 Equity 1983.
Thomas S. Talarico, Erie, for appellant.
Donald W. Grieshober, Erie, for appellee.
Montemuro, Johnson and Cercone, JJ.
[ 385 Pa. Super. Page 143]
The appellant, Richard J. Parshall, appeals from a judgment of the Court of Common Pleas of Erie County, entered August 18, 1988. The trial court determined that the
[ 385 Pa. Super. Page 144]
appellee, Jacquelyn Parshall, is entitled to a 38% share of appellant's Military Pension. The appellee is appellant's former wife. The trial court's Order provided for the following specific terms and period of payment:
The facts which underlie the present appeal are essentially undisputed. The appellant and the appellee were married on November 30, 1950. In April of 1951, the appellant commenced active military service with the Navy. The appellant continued in his military service throughout the marriage of the parties, retiring on January 31, 1971. The parties thereafter separated in September of 1971. In anticipation of their divorce, which was ultimately granted in December of 1976, the parties executed a Marital Property Settlement Agreement (the "Agreement"). The Agreement, dated September 21, 1976, expressly indicates that the parties intended "to settle and determine for all times to come their respective property rights and obligations arising out of the marriage relationship . . . ." R.R. at 10a. Although specifically providing that the appellant would pay a monthly sum of $250.00 to the appellee for a thirty month period and appellee's counsel fees, the Agreement was in essence a release agreement:
[ 385 Pa. Super. Page 1453]
. Except as hereinafter provided, the parties hereto mutually release or relinquish unto each other any and all right which they may have acquired by virtue of the marriage relationship in and to the real and/or personal property of the other, including but not limited to, the right to courtesy or dower, the right to be supported by the other, the right to counsel fees, and/or alimony in any divorce action now pending or ever to be instituted by either of the parties, the right to inherit from the estate of the other, whether by way of descent and distribution or by way of election against the will of the other, the right to widow's exemption or family allowance, and every other property right which may have accrued to either party by virtue of his or her being married to the other; excepting any benefits which may accrue as a result of the Husband being in the military during marriage.
R.R. at 11a. The language highlighted above was added in handwriting to the typed Agreement at the request of the appellee, and initialed by ...