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DIANE L. FICHTHORN v. ROBERT W. FICHTHORN (11/30/87)

filed: November 30, 1987.

DIANE L. FICHTHORN, APPELLEE,
v.
ROBERT W. FICHTHORN, APPELLANT



Appeal from the Order entered February 6, 1987 in the Court of Common Pleas of Lancaster County, Civil Division, at No. 2677-86.

COUNSEL

Michael J. Rostolsky, Lancaster, for appellant.

James S. Sorrentino, Lancaster, for appellee.

McEwen, Olszewski and Del Sole, JJ.

Author: Del Sole

[ 368 Pa. Super. Page 306]

Husband and Wife were married on June 7, 1970. The parties separated in August of 1985. Two months later, Wife filed a complaint for support and alimony pendente lite. Following a Domestic Relations Office conference, a Recommendation was filed on December 26, 1986. The Recommendation suggested, inter alia, that Husband be directed to pay $200.00 per week for spousal support, and $350.00 per week for child support. By order of court on December 29, 1986, the Recommendation was adopted by the trial court. Both parties filed exceptions to the Recommendation

[ 368 Pa. Super. Page 307]

    on January 7, 1987.*fn1 A hearing was held on February 6, 1987 with reference to the parties' exceptions. At its conclusion, the trial court dismissed the exceptions and reaffirmed the December 29, 1986 order.*fn2 Husband's timely appeal to this Court followed.

By his brief, Husband raises the following issues:

(1) Whether the trial court's order was confiscatory and was an abuse of discretion;

(2) Whether the trial court erred in concluding that Wife's earning capacity was minimal in light of her refusal to seek employment; and,

(3) Whether the trial court erred in entering an order for child support when it failed to consider the contributions to support which Wife ...


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