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BARBARA S. SCHREIBER v. S. ALLEN SCHREIBER (12/17/82)

filed: December 17, 1982.

BARBARA S. SCHREIBER
v.
S. ALLEN SCHREIBER, APPELLANT



NO. 134 APRIL TERM, 1979, NO. 173 PITTSBURGH, 1981, Appeal from the Orders of the Court of Common Pleas, Family Division, of Allegheny County, at No. 876 October Term, 1977 and at No. D. 2896 of 1978.

COUNSEL

William John Templin, Pittsburgh, for appellant.

Theodore T. Blair, Pittsburgh, for appellee.

Rowley, Montemuro and Van der Voort, JJ.

Author: Per Curiam

[ 308 Pa. Super. Page 245]

The parties to this controversy are husband and wife, married in July 1957; three children resulted from the marriage. The husband left the marital household around Thanksgiving, 1975 and returned admittedly for economic reasons around Thanksgiving, 1977. The husband had filed suit in Allegheny County for divorce on August 16, 1977, at No. 876 October Term, 1977; he alleged indignities. On August 2, 1978, the wife filed a petition for alimony and counsel fees; and on August 21, 1978, she filed a complaint for support at No. D. 2896 of 1978.

Testimony was heard by Judge Kaplan on both claims on November 29 and 30, 1978. On January 16, 1979, he entered an order granting the wife support at $100 per month, plus reimbursement for one semester's tuition at the University of Pittsburgh and counsel fees of $650.*fn1 The Petition for Alimony Pendente Lite was dismissed. The husband contested the wife's claim for support (or alimony pendente lite) on the grounds that the wife admitted having had an adulterous relation with another man. Judge Kaplan, none the less determined that the wife was entitled to support under all the circumstances of the case. The factual history may be summarized as follows.

1. The husband moved from the marital home in late November, 1975.

2. During 1976 and at least until the spring of 1977 he engaged in an extra-marital relationship.*fn2

3. In May, 1977 the wife learned of this relationship.

4. In June and July 1977, husband and wife, although still living apart, engaged in several acts of sexual intercourse.

[ 308 Pa. Super. Page 2465]

. On August 16, 1977 the husband filed suit for divorce, alleging ...


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