DeRosa v. DeRosa

BLOOM, J.,

The matter presently before this court arises as follows:

On July 13, 1972, Albert T. DeRosa filed a complaint in divorce a.v.m. against his wife, Ethel D. Foelke DeRosa. Thereafter, on August 3, 1972, the wife filed a petition for alimony pendente lite, counsel fees and expenses, pursuant to the Act of May 2, 1929, P. L. 1237, as amended, 23 PS §46. The husband answered said petition raising the issue of the constitutionality of 23 PS §46 in light of the equal rights amendment to the Constitution of Pennsylvania.

Because of the novel issue involved and because of the number of other…