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CHAMBERS v. CHAMBERS (03/18/59)

March 18, 1959

CHAMBERS
v.
CHAMBERS, APPELLANT.



Appeal, No. 204, April T., 1958, from order of Court of Common Pleas of Butler County, June T., 1957, No. A.D. 17, in case of Edna Foster Chambers v. Philip Chambers. Order affirmed.

COUNSEL

Lee C. McCandless, for appellant, submitted a brief.

Sherman T. Rock, with him Samuel W. Greer, and Greer & Greer, and Paul, Lawrence & Rock, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Ervin, and Watkins, JJ. (wright and Woodside, JJ., absent).

Author: Gunther

[ 188 Pa. Super. Page 507]

OPINION BY GUNTHER, J.

In this case of divorce from bed and board plaintiff presented a petition for alimony pendente lite and counsel fees.

The court below refused alimony pendente lite but did allow $1250.00 as counsel fees; and from this order defendant has taken this appeal.

Plaintiff and defendant were married on September 23, 1937. Two children were born to the marriage and lived with the mother at the time these divorce proceedings were instituted. The parties were separated in January, 1957, and since the separation plaintiff has been giving his wife $300.00 monthly, paid her bills amounting to $200.00 per month, agreed to have her

[ 188 Pa. Super. Page 508]

    live in the home which was owned by entireties, furnished an automobile and, in addition, gave his children about $300.00 a year.

Defendant contends that the court below abused its discretion in allowing $1250.00 as counsel fees and argues that the order should be reversed without prejudice to allow him an opportunity to present an application for more reasonable counsel fees after the termination of the litigation.

The record shows that the court below before determining the amount of the fees examined defendant's income tax return for the year 1956 which disclosed an income of $20,572.80 in the form of dividends from securities alone. The court also had before it other financial statements for its consideration. We believe, that Judge GRAFF in rendering the decision considered all phases of the case before he refused alimony and allowed the counsel fees. The question whether ...


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