Nos. 579 & 580 October Term, 1978, Appeals from the Orders Entered November 29, 1977 by Lehigh County Court of Common Pleas, Civil Action - Law at No. 77-1795.
Thomas F. Traud, Jr., Allentown, for appellants.
Richard T. Muller, Hellertown, for appellee.
Van der Voort, Watkins and Montgomery, JJ.
[ 264 Pa. Super. Page 567]
This is an appeal from the Court of Common Pleas of Lehigh County, Civil Division, and involves a question as to the validity of an attachment execution proceeding.
Plaintiff-appellee, Rosanne P. Everson, is the ex-wife of the defendant-appellant, Robert W. Everson. The appellant, Walter A. Everson, is the father of Robert W. Everson and is a party to this action as a garnishee of certain property interests of Robert W. Everson.
Plaintiff and defendant, residents of Arizona, were married on August 9, 1962. After nine and one-half years of marriage they separated and were divorced on October 10, 1973, pursuant to a decree of the Maricopa County, Arizona Courts. Arizona, part of the area of the United States which had at one time been governed by Spanish Law, is one of eight "community property" states in the United States. Rather than litigate each aspect of the dissolution of a marital relationship separately, Arizona conducts one proceeding which deals with all such issues at one time. The divorce, custody questions, and the disposition of property rights are all determined at once during such proceedings.
Throughout the course of the proceedings the defendant enjoyed an interest in 6250 shares of Everson Electric Company stock. This interest was created by the terms of the will of decedent's mother, Louise Everson, who died on June 2, 1965. Her will duly probated in Lehigh County, Pennsylvania provided in relevant part:
"THIRD: I give and bequeath fifty (50%) per cent of the Common Stock standing in my name on the books or record of Everson Electric Corp. to WALTER A. EVERSON, TRUSTEE, for the following uses and purposes:
"a. The income and/or dividends of said stock shall be accumulated and held by my trustee until either,
"(1) The sale of said stock by the trustee, or
"(2) The death of my husband, WALTER ...