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LINDA R. SIPOWICZ v. CARL P. SIPOWICZ (09/22/86)

filed: September 22, 1986.

LINDA R. SIPOWICZ, APPELLANT,
v.
CARL P. SIPOWICZ



Appeal from the Order of the Court of Common Pleas, Civil Division, of Monroe County at No. 2646 Civil 1981.

COUNSEL

Justin K. McCarthy, Bethlehem, for appellant.

Donald F. Spry, II, Bangor, for appellee.

Wickersham, Wieand and Popovich, JJ. Wieand, J., files a concurring and dissenting opinion.

Author: Wickersham

[ 358 Pa. Super. Page 320]

Linda R. Sipowicz appeals from the order of the Court of Common Pleas of Monroe County accepting the Master's report, granting a divorce to appellant, dividing the marital property, and directing the payment of alimony and partial payment of counsel fees.

Appellant commenced this divorce action against appellee, Carl P. Sipowicz, on September 8, 1981. The matter was referred to a Master for the purpose of taking testimony and obtaining his recommendations concerning the divorce, and the equitable distribution, alimony, and other related

[ 358 Pa. Super. Page 321]

    claims.*fn1 Following a series of hearings over the course of the following year, the Master filed his report and recommendations, to which both parties filed exceptions.

On July 24, 1985, the lower court granted the divorce, accepted the Master's recommendations regarding the division of marital property, and directed that appellee pay appellant $220 per week in alimony for three years and $2500 towards appellant's counsel fees. This order was vacated on August 23, 1985, and a new order entered which essentially restated the earlier order, with the exception that the alimony award of $220 per week was to be paid to appellant for three years or until her death, whichever occurred first.*fn2 Judgment was entered on the latter order and this appeal timely followed.

Appellant raises the following ten issues for our consideration:

A. Whether the order directing the defendant to pay the plaintiff alimony in the amount of $220 per week for a period of three years was adequate in the light of her proven needs and the defendant's ability to pay.

B. Whether the lower court erred in structuring its order of alimony so as to make it taxable to the plaintiff and deductible by the defendant, thus ...


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