No. 808 April Term 1979, Appeal from Order of the Court of Common Pleas of Allegheny County, Family Division at No. M-310 of 1978.
Maurice A. Nernberg, Pittsburgh, for appellant.
Edward P. Weiss, Pittsburgh, for appellee.
Spaeth, Wickersham and Lipez, JJ.
[ 282 Pa. Super. Page 452]
This is an appeal from an order sustaining preliminary objections and dismissing appellant's amended complaint in equity.
We may take the following facts from appellant's original complaint. Appellant and appellee were married in 1965 and are the parents of three minor children. In 1967 appellee, in partnership with his father, opened a restaurant known as Jolly Bob's. The father's interest in the partnership was transferred to appellee's mother, and in 1971, in partnership with his mother, appellee opened a second restaurant, Jolly's Old Time Doggies. Prior to 1972 appellant worked part-time in the two restaurants. In 1972 appellant and appellee agreed that appellant would no longer work in the restaurants but would devote full time to raising their children and to housework. On New Year's Eve 1976 the parties separated, appellee leaving their common abode.
In her original complaint appellant sought the following relief:
1) an accounting of all appellee's assets earned during the course of the parties' marriage and the imposition of a trust on one-half of those assets;
[ 282 Pa. Super. Page 4532]
) a portion of appellee's income for such term of years as is adequate to allow appellant to return to her position and raise her children;
3) the fair market value of appellant's services as a housewife, alleged to be $150,000;
4) one-half of appellee's future net earnings to the extent they exceed his ...