No. 652 Philadelphia, 1980, No. 722 Philadelphia, 1980, Appeal from Order of the Court of Common Pleas, Civil Division, of Lehigh County at No. 79-E-61.
David A. Eisenberg, Allentown, for appellant in case no. 722 and for appellee in case no. 652.
Clayton T. Hyman, Allentown, for appellant in case no. 652 and for appellee in case no. 722.
Hester, Cavanaugh and Van der Voort, JJ.
[ 288 Pa. Super. Page 479]
The case on appeal involves a hearing in a matter initiated by the filing of a Complaint in Partition by Janet E. Gasper against William M. Gasper, her husband, in April 1979. Following an adjudication both parties have appealed. The complaint set forth that during the course of their marriage the parties had acquired a collection of coins, paper money, clocks, and watches. The complaint further pleaded that in December 1978 William Gasper removed part of the paper money, clocks, and watch collection from the parties' domicile
[ 288 Pa. Super. Page 480]
and secreted those goods. In another paragraph of the complaint Janet Gasper admitted that she had taken part of the coin collection when she left the domicile in November 1978. It was further recited that William Gasper had filed a Complaint in Equity against Janet in December 1978 concerning the coins taken by her and, inter alia, asked that the coins be declared entireties property. In a responsive pleading to that suit Janet sought similar relief as to a portion of the disputed property allegedly in the hands of William. The upshot of these claims was a meeting before Judge Mellenberg wherein the parties stipulated and agreed that:
a). The coin collection was to be the joint property of the parties, as entireties property with each possessing an undivided one half interest therein; and
b). The paper money collection and the clock and watch collection be and was to be the joint property of the parties, as entireties property, with each party possessing an undivided one half interest therein; and
c). The coin collection and the paper money collection was to be deposited forthwith with Clayton Hyman, Esquire, to be deposited either in a safe deposit box or safe for safekeeping; and
d). The clock and watch collection was to remain in the premises of the parties located at 1749 Highland Street, Allentown, Lehigh County, Pennsylvania, and neither party should remove sell, or in any other fashion encumber any part of said collection without written consent of the other party; and
e). In the event the parties within ninty (90) days of the Order, remained separate and apart said Coin collection, paper money collection, and clock and watch collection, should be divided between the parties in a manner agreed to by both parties in writing, and upon failure to agree, as this Court may so declare in an ...