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JOHN JAMES MORELLI v. MARIE BITTNER MORELLI (07/01/83)

filed: July 1, 1983.

JOHN JAMES MORELLI
v.
MARIE BITTNER MORELLI, APPELLANT. MARIE B. MORELLI, APPELLANT, V. JOHN J. MORELLI



No. 1599 Philadelphia 1980, No. 624 Philadelphia 1981, Appeal from the Orders of the Court of Common Pleas of Chester County, Pennsylvania, Civil Division at Nos. 367 February Term 1979, No. 723 Philadelphia 1981, Appeal from the Order of the Court of Common Pleas of Delaware County, Pennsylvania, Civil Division at No. 79-1866.

COUNSEL

Alexander Zdrok, Philadelphia, submitted a brief on behalf of appellant.

Joseph I. Diamond, Radnor, for appellee.

Hester, Johnson and Popovich, JJ.

Author: Popovich

[ 316 Pa. Super. Page 56]

This is a consolidated appeal from three orders of the trial court. Appeal No. 1599 is from the trial court's order denying alimony pendente lite to appellant, Marie Morelli. Appeal No. 624 is from the trial court's order, sitting en banc, which allows appellee, John Morelli, an opportunity to object to an order granting appellant's application to transfer the divorce proceedings under the new Divorce Code of 1980.*fn1 Appeal No. 723 is from the final decree entered by the trial court in a partition action. We must quash two appeals because the orders appealed are interlocutory and affirm one of the appeals for the reasons herein stated.

The procedural scenario surrounding this appeal reveal the following:

On February 26, 1979, appellee filed a divorce complaint under the Divorce Law of 1929*fn2 in the Court of Common Pleas of Chester County. Appellant then filed a petition for alimony pendente lite, counsel fees, and expenses on May 11, 1979. The trial court granted appellant's petition in part

[ 316 Pa. Super. Page 57]

    and awarded appellant counsel fees and expenses in the amount of $500.00.*fn3 The trial court dismissed appellant's petition for alimony pendente lite. Appeal No. 1599 then followed.

In the meantime, hearings had been conducted by a master on appellee's complaint in divorce, and on June 20, 1980, the master filed a report recommending that a divorce decree should be granted because appellee was an innocent and injured spouse who had been deserted. Exceptions were filed on July 10, 1980. However, on September 2, 1980, appellant filed a "PETITION TO PROCEED UNDER THE DIVORCE CODE OF 1980 AND TO FILE AMENDED PLEADINGS". On this same date, the trial court granted appellant's petition ex parte. On September 12, 1980, appellee filed a petition asking the court to rescind its transfer order and also stating that he "would oppose the application" if given the opportunity. "PETITION", Record No. 38-39. A hearing was held, and the trial court, sitting en banc, vacated the transfer order on February 23, 1981, thereby giving appellee an opportunity to oppose the transfer. Appeal No. 624 was then filed on March 23, 1981.

In a neighboring county, Delaware County, appellant filed a partition action in the Court of Common Pleas because real estate, which the parties owned as tenants by the entireties, located in that county on February 9, 1979. Additionally, appellant requested equitable relief on her contention that appellee withdrew monies from their joint savings and checking accounts without appellant's knowledge. The trial court then entered judgment in favor of appellant in the amount of $920.27. Appellant was directed also to deliver the appropriate deed and documents to appellee in order to ...


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