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HARRY ECK v. THELMA ECK (04/27/84)

filed: April 27, 1984.

HARRY ECK
v.
THELMA ECK, APPELLANT



No. 1389 Philadelphia, 1982, Appeal from Order entered March 19, 1982, Court of Common Pleas, Luzerne County, Civil Division, No. 371 of 1981.

COUNSEL

Jerome L. Cohen, Wilkes-Barre, for appellant.

Gifford R. Cappellini, Wilkes-Barre, for appellee.

Spaeth, President Judge, and Cirillo and Johnson, JJ. Cirillo, J., files a concurring and dissenting opinion.

Author: Johnson

[ 327 Pa. Super. Page 336]

This appeal arises from the trial court's order of March 19, 1982, denying alimony to appellant, Thelma Eck.

[ 327 Pa. Super. Page 337]

The parties were married in 1946 and three children were subsequently born. Upon their separation in July of 1966, two children had attained their majority; appellant retained custody of the remaining minor child. The marital home was sold and the proceeds (approx. $4,000) divided equally between the parties, with appellant retaining various items of personal property. Appellant commenced a support action in 1971 and appellee was ordered to pay $75.00 per week for the support of appellant and the minor child. That order was modified to $45.50 per week spousal support upon the minor child attaining his majority. Said support payments continued until 1981. Appellant returned to the state of Washington in 1977, her premarriage residence, to care for her aged, blind mother. Appellee remarried in 1981 while appellant has not.

Appellee initiated a divorce action in October of 1980 and appellant filed an answer and counterclaim requesting, inter alia, alimony. A divorce decree was entered on June 9, 1981 and a master's hearing regarding alimony in August of 1981.

The master's report indicated that, at the time of the hearing, appellant was 54 years old and appellee 57 years old. Appellee was employed with a net income of $349.22 per week. He provided support for his second wife and one minor daughter. Appellant was found to have no current income, with the exception of occasional baby-sitting jobs which rendered $25.00 per week when appellant could engage them. Otherwise, appellant cared for her mother.

Appellant owns no real estate, little personal property, and has no inheritance expectancies. She does not own an automobile. Her monthly expenses amount to $201.00 and has relied on appellee's support payments since the parties' separation. She has an eleventh grade education and no employment skills, having not been employed since marrying appellee. Prior to their marriage, appellant had been employed in a tuna cannery.

The master determined that appellant should be awarded alimony in the sum of $45.50 per ...


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