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DEBORAH F. ROCK v. JAMES S. ROCK (01/25/89)

submitted: January 25, 1989.

DEBORAH F. ROCK, APPELLEE,
v.
JAMES S. ROCK, APPELLANT



Appeal from Order entered July 13, 1988, in the Court of Common Pleas of Delaware County, Civil, No. F-53-480 of 1988.

COUNSEL

Joel F. Bigatel, Philadelphia, for appellant.

Madeline H. Lamb, West Chester, for appellee.

Brosky, McEwen,*fn* and Olszewski, JJ.

Author: Olszewski

[ 385 Pa. Super. Page 128]

This is an appeal from an order of the Court of Common Pleas of Delaware County directing appellant to: (1) pay

[ 385 Pa. Super. Page 129]

$180.00 per week for the support of one child, $100.00 per week for spousal support, $10.00 per week toward arrears; and (2) maintain medical insurance and pay all of his child's unreimbursed medical expenses.

The Rocks were married on May 21, 1980, and separated in February of 1988. Mrs. Rock, accompanied by her and Mr. Rock's daughter, Jamie Cooper Rock, age 8, left the marital residence. On February 25, 1988, Mrs. Rock filed a complaint for support. A conference was held, after which a temporary agreement was entered. The agreement provided that Mr. Rock would pay support in the amount of $125.00 per week.

Following a hearing before a support master, an order of child and spousal support was entered. Timely exceptions were filed, and a de novo hearing was held before the Honorable John A. Reilly during which the parties introduced numerous exhibits regarding their respective incomes and expenses. In response, the court entered an order directing Mr. Rock to pay child support in the amount of $180.00 per week, spousal support in the amount of $100.00 per week, $10.00 toward arrears per week, and continued medical coverage and payment of all of Jamie's unreimbursed medical expenses.

Thereafter, Mr. Rock filed the instant appeal. Mrs. Rock then filed a petition to quash that part of the appeal relating to spousal support. Following the grant of Mrs. Rock's petition, Mr. Rock filed a petition for reconsideration of the court's order which quashed part of his original appeal. Mr. Rock's petition was granted, and Mrs. Rock's petition to quash was denied.

On appeal, Mr. Rock contends that the trial court erred in: (1) ordering him to pay $100.00 per week for spousal support since Mrs. Rock failed to meet her burden of establishing adequate legal cause for vacating the marital residence; (2) failing to assign Mrs. Rock an earning capacity commensurate with her abilities; ...


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