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THOMPSON v. THOMPSON (03/16/73)

decided: March 16, 1973.

THOMPSON
v.
THOMPSON, APPELLANT



Appeal from decree of Court of Common Pleas, Trial Division, of Philadelphia, May T., 1970, No. 358, in case of Joan Thompson v. Joseph R. Thompson.

COUNSEL

E. J. O'Halloran, with him O'Halloran, Stack & Smith, for appellant.

B. Jerome Shane, for appellee.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Justice O'Brien.

Author: O'brien

[ 451 Pa. Page 547]

Appellee, Joan Thompson, and appellant, Joseph R. Thompson, were married on June 29, 1968, but have been separated since July 5, 1969. After the separation, Mrs. Thompson filed a complaint in equity against her husband seeking to recover certain property and seeking an order requiring appellant to file an account of the sums earned by Mrs. Thompson which had been deposited in a joint savings account which she alleged her husband had converted for his own use. Mr. Thompson filed a timely answer to the complaint,

[ 451 Pa. Page 548]

    denying liability and liability to account. Hearings were held in the Court of Common Pleas of Philadelphia on November 16, 1971, March 22, 1972, and September 7, 1972, at which time the testimony was concluded. Immediately after the close of testimony on September 7, 1972, the court made an oral finding in favor of the wife and denied the husband's request for findings of fact and conclusions of law.*fn1

By letter dated September 8, 1972, the attorneys were advised that the court had entered a finding for the wife and also dismissed the husband's proposed findings of fact and conclusions of law, insofar as they conflicted with the finding for the wife. On September 25, 1972, the husband filed exceptions to the court's finding. These exceptions are still pending before the court below.

On October 5, 1972, the court entered a supplemental "order and decree" directing the husband to file an account for all jointly-owned property, as well as property claimed by the wife, of any and all kinds, possessed by the husband at any time, and of all other property in dispute. He also ordered the husband to return the engagement ring and wedding band to the wife, which he found to be the property of the wife. It is from this "order and decree' requiring an account that the husband has taken this appeal. The court did not file an opinion.

The "order and decree" read as follows:

"After conference with both counsel and argument the following order is entered supplementing the Court's finding of ...


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