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MALKA C. GOODSTEIN v. MARTIN E. GOODSTEIN (08/30/89)

filed: August 30, 1989.

MALKA C. GOODSTEIN
v.
MARTIN E. GOODSTEIN, ROSENFELT, SIEGEL & GOLDBERG. APPEAL OF MARTIN E. GOODSTEIN



Appeal from the Order of the Court of Common Pleas, Delaware County, Civil Division, at No. 87-14794.

COUNSEL

Alfred Marroletti, Philadelphia, for appellant.

Carl N. Martin, III, Philadelphia, for Malka Goodstein, appellee.

Brosky, McEwen and Hoffman, JJ.

Author: Brosky

[ 386 Pa. Super. Page 557]

This is an appeal from an order denying in part appellant's Preliminary Objections to a Praecipe for Writ of Execution and the entry of a judgment of garnishment. Under the Praecipe appellant's wages would be garnished for satisfaction of a foreign judgment representing arrearages in unallocated alimony and support payments and other monetary awards. The trial court denied appellant's Preliminary Objections to the extent that the judgment represents past due alimony and/or support.

The issue raised here is whether garnishment of wages for payment of a judgment which represents unallocated alimony and support is allowable under Pennsylvania law. We conclude that it is and affirm the trial court's order to the extent attachment is for alimony and/or support, and remand for allocation of support, alimony and other charges included in the foreign judgment.

The parties were divorced in the State of Connecticut on January 20, 1983. At that time they had one minor child, born November 3, 1967. The decree of divorce provided, among other things, that appellant pay "unallocated alimony and support in the sum of $200 per week." He was also ordered to pay past due mortgage payments and all existing liens and taxes on property awarded to appellee, appraisal fees, CPA charges, counsel fees, and other monetary awards. In addition, the divorce decree reaffirmed certain prior pendente lite orders against appellant.

On June 25, 1985, the Connecticut Superior Court of the County of Hartford entered a judgment against appellant in the amount of $42,966.79 for arrearages on the January 20, 1983 order. Appellee subsequently transferred this judgment

[ 386 Pa. Super. Page 558]

    to the State of Pennsylvania pursuant to the provisions of the Uniform Enforcement of Foreign Judgments Act, 42 Pa.C.S. § 4306. On February 11, 1988, appellee filed a Praecipe for Writ of Execution against appellant's employer, seeking garnishment of appellant's wages to satisfy the foreign judgment. This appeal, perhaps incorrectly taken, is from the ruling denying appellant's Preliminary Objections to the attachment of wages for past due alimony and/or support. However, as it was taken after entry of the final judgment of garnishment we do not find the defect to be fatal to the appeal. Pa.R.A.P. 905.

Appellant contends that the trial court erred in its determination that a foreign degree encompassing multiple forms of monetary relief, including unallocated alimony and support, could be enforced through garnishment procedures provided for under 42 Pa.C.S. § 8127(1).*fn1 This statute provides:

The wages, salaries, and commissions of individuals, shall, while in the hands of the employer, be exempt from any attachment, execution, or other process except ...


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