McDivitt v. Pymatuning Mutual Fire Insurance

POPOVICH, Judge:

This is an appeal filed by the appellant, Harry McDivitt, from an Order of the Court of Common Pleas of Mercer County awarding appellee, Marian McDivitt, the proceeds due on a fire insurance policy payable on property held as tenants by the entirety. We affirm.

The facts, as garnered in part from the parties’ submission of a statement of the case—captioned “CASE STATED”— with the Prothonotary of Mercer County on August 21,1980, are as follows:

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4. Marian McDivitt and Harry McDivitt are wife and husband, but have lived separate and apart since November, 1971.

5. Marian McDivitt…