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ROBERT J. MCNULTY v. JOAN E. MCNULTY (11/08/85)

filed: November 8, 1985.

ROBERT J. MCNULTY, APPELLANT,
v.
JOAN E. MCNULTY



Appeal from the Order in the Court of Common Pleas of York County, Civil Division, No. 82-2-1976

COUNSEL

J. Ross McGinnis, York, for appellant.

Keith R. Nonemaker, Hanover, for appellee.

Tamilia, Montgomery and Roberts, JJ.

Author: Tamilia

[ 347 Pa. Super. Page 366]

This appeal lies from an Order awarding appellee alimony pendente lite, counsel fees and all expenses, including Master's and stenographer's costs.

The parties were married in 1979 and after chronic marital discord, separated in 1982. There were no children. In 1979, appellee, who had been working as a full time phlebotomist in a local hospital at a salary approximately one-half that of appellant's, reduced her hours to part time in order to return to school for her B.S. in nursing. Her eventual goal was to undergo two years graduate training as well, in order to become a nurse anesthetist. Because of appellant's disapproval of this ambition, it was agreed that appellee should undertake to satisfy her educational expenses, car payments, and medical bills out of her part time income. At the time of separation, two years after she entered training, appellee had nineteen credits to complete at a local (York) college. Appellant's refusal to supply any financial assistance subsequent to his filing of the divorce complaint necessitated appellee's return to the home of her parents in Milwaukee, Wisconsin, for which she incurred moving expenses. Her attendance at a college there resulted in considerable increase in expenditure for tuition, since the school required her to complete an additional 40 credits for graduation, at a greater cost per credit.

The parties lived together until May, 1982, when appellant filed for divorce alleging indignities to the person under section 201(a)(6) of the Divorce Code. In her answer, the appellee requested alimony pendente lite, alimony, counsel fees, costs, and equitable distribution of marital property pursuant to section 401 of the Code. Ultimately, the parties agreed to sign the consents necessary to obtain a 201(c) no-fault divorce and to have all matters regarding support and property determined by a court-appointed master.

[ 347 Pa. Super. Page 367]

In reviewing awards or denials of alimony pendente lite, counsel fees and expenses, we are limited to a determination of whether the trial court abused its discretion. Prozzoly v. Prozzoly, 327 Pa. Super. 326, 475 A.2d 820 (1984). Appellant has raised four issues, a separate challenge to each provision of the ordered award on abuse of discretion grounds.

It is first alleged that because the court ordered payment of alimony pendente lite on the basis of guidelines provided in section 501*fn1 of the Divorce Code when section 502,*fn2

[ 347 Pa. Super. Page 368]

    provides none, the award order should be reversed and remanded for determination under the latter section. We agree that there is a problem concerning the order, but it is one of semantics alone, a point ...


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