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SHIRLEY F. MADDEN v. RAYMOND L. MADDEN (11/16/84)

filed: November 16, 1984.

SHIRLEY F. MADDEN
v.
RAYMOND L. MADDEN, APPELLANT



No. 268 Harrisburg 1983, Appeal from the Order of the Court of Common Pleas, Civil Division, of Cumberland County at No. 2197 Civil 1981.

COUNSEL

Frederic G. Antoun, Harrisburg, for appellant.

Samuel L. Andes, Lemoyne, for appellee.

Wickersham, Johnson and Hoffman, JJ.

Author: Wickersham

[ 336 Pa. Super. Page 554]

This is an appeal from the order of the Court of Common Pleas of Cumberland County which, inter alia, awarded alimony to appellee and classified and divided a certificate of deposit as marital property.

Raymond L. Madden, appellant, was sued for divorce by his wife Shirley F. Madden, appellee, in May of 1981. They had been married approximately twenty-five (25) years and had one minor child still left at home, David, then aged 9. Appellee also requested child support for David, alimony pendente lite, alimony, counsel fees, and equitable distribution of the marital property. Appellant consented to the divorce and to appellee's custody of David,*fn1 but he disputed the economic issues. The lower court entered an order requiring appellee to pay appellant $70.00 per week child support. Thereafter, the court entered another order directing appellee to pay an additional $55.00 per week alimony pendente lite and $500 in counsel fees.

The lower court appointed a Master, before whom the parties, their attorneys, and witnesses appeared in July of 1982. On September 28, 1982, the Master issued his report, to which both parties filed exceptions.*fn2 On June 17, 1983, the lower court en banc, after argument on the exceptions to the master's report, handed down its opinion and the following order:

Order OF COURT

AND NOW, this 17th day of June, 1983, it is ordered, adjudged and decreed that

1. The certificate of deposit is marital property and is to be distributed one-half to the plaintiff in the amount of

[ 336 Pa. Super. Page 555]

$13,500 and one-half to the defendant in the amount of $13,500.

2. The defendant shall pay to the plaintiff alimony at the rate of $25.00 per week for a period of five (5) years. The above sum shall be payable through the ...


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