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KAYAIAN v. KAYAIAN (11/16/72)

decided: November 16, 1972.

KAYAIAN, APPELLANT,
v.
KAYAIAN



Appeal from order of Court of Common Pleas, Family Court Division, of Philadelphia, Jan. T., 1971, No. 4017, in case of Jean Kayaian v. Joseph Kayaian.

COUNSEL

Michael J. Pepe, Jr., for appellant.

No oral argument was made nor brief submitted for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Opinion by Watkins, J.

Author: Watkins

[ 223 Pa. Super. Page 104]

This is an appeal from the order of the Court of Common Pleas of Philadelphia, Family Court Division, where the wife-appellant, Jean Kayaian, was denied Alimony Pendente Lite, Counsel Fees and Expenses. The appeal grows out of a divorce instituted by the appellant on March 4, 1971. The divorce was contested but on February 24, 1972, a final decree in divorce was granted. Counsel who appeared in this appeal represented the wife in all the proceedings associated with this appeal.

The petition for alimony pendente lite, counsel fees and expenses, was filed on April 22, 1971. Depositions of the wife were taken on October 11, 1971. Several hearings were fixed and postponed at the request of the husband for one reason or another. The court below decided the case without taking testimony on the basis of the arguments of counsel and the deposition of the wife.

An initial counsel fee of $100.00 had been allowed and on February 15, 1972, the court entered its order of an additional $100.00 counsel fees and $100.00 costs

[ 223 Pa. Super. Page 105]

    and dismissed the petition for alimony pendente lite. This appeal followed.

The only evidence of record in this case must be drawn from the deposition of the wife. It should be noted that counsel for the husband did not appear at argument on appeal and did not file a brief.

The wife is forty years of age. She worked seventeen years as a leather cutter for J. B. Stetson Co. (Now out of business). She has no other skills and testified that she tried to obtain work and had been unsuccessful. She resides with her parents and two of her children in her parents' home. She occupies a bedroom with her two children, aged 5 and 16 at the time of the hearing. Her sole income consists of a court order for support of $27.00 weekly for herself and her two children and a welfare order of $68.00 bi-weekly, or a total income of $61.00 per week. She pays $30.00 a week to her mother for room and board for herself and her two children. She testified that medical and dental bills amounted to $3.00 per week; lunch and carfare for the boy's school costs $8.50 weekly; $3.00 per week for the boy's allowance and other miscellaneous expenses of $15.00 per week, making a total of her needs to be $74.50 weekly.

The husband is 46 years of age and resides in the home of the parties at 124 West Fishers Avenue, Philadelphia, owned by the entireties, with two other children aged 10 and 15, at the time of the depositions. The appellant testified there was not room in her mother's home for those two children. According to the wife there is no mortgage on the property and she has no knowledge of any other debts with regard to the property. There is no evidence with regard to his expenses. ...


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