Goldstein v. Goldstein

MONTEMURO, Judge:

The essential question presented in this appeal is whether a pending equity action seeking the partition of entireties property is pre-empted or superseded by a subsequently filed complaint in divorce which requests, inter alia, equitable distribution pursuant to the Divorce Code of 1980.1

Appellant, Jerome Goldstein, and appellee, Helene Gold-stein, were married on August 27, 1972. On January 18, 1982, appellant filed an action in equity which alleged that appellee had misappropriated approximately $43,680 which had been held in the parties’ joint bank account. Appellant…