No. 2426 October Term, 1978, Appeal from the Order dated August 14, 1978 of the Court of Common Pleas, Civil Division, in Divorce, A.V.M., for Delaware County, at 77-6871
Randolph W. Von Till, Jr., Radnor, for appellant.
Donald W. Lehrkinder, Media, for appellee.
Spaeth, Stranahan and Sugerman, JJ.*fn*
[ 274 Pa. Super. Page 299]
The Appellant, Plaintiff-Husband in the divorce action below, appeals an award of counsel fees to Appellee, Defendant-Wife, in the sum of $4,525. No testimony was taken by
[ 274 Pa. Super. Page 300]
the lower court at the hearing upon Appellee's petition for counsel fees before the entry of the Order and Appellant asks that we remand for the purpose of an evidentiary hearing.
We observe from the record that Appellant filed his complaint in divorce on May 27, 1977. An appearance was entered on behalf of Appellee shortly thereafter, a Master was appointed and a vigorous contest ensued, culminating in four and one-half days of hearings.*fn1
On August 23, 1977, a few weeks before the Master's hearings commenced, Appellee filed a petition for counsel fees and costs. An answer to the petition was promptly filed by Appellant and following a hearing, Judge ECKELL of the court below entered an Order awarding Appellee the sum of $675 as counsel fees and costs.*fn2
On some prior but unspecified date, Judge McGOVERN entered a support Order against Appellant in the sum of $425 monthly. Neither the record of that proceeding nor a copy of Judge McGOVERN's Order are included in the record filed here.
On July 17, 1978, following the completion of the Master's hearings, Appellee filed her second petition for counsel fees and costs, seeking an award in the sum of $6,355.
The matter was called for hearing on August 7, 1978, before Judge LABRUM, Jr., of the court below. Counsel for the parties were present and although the transcript of the proceedings does not reflect the fact, the parties agree that Appellant was present at the hearing as well. Preliminary argument by counsel ensued during which counsel for Appellee, in support of the petition, explained his position and amplified the ...