Susie v. Susie

Beaver County Court of Common Pleas

Susie v. Susie

72 Pa. D. & C.2d 240, 1976 Pa. Dist. & Cnty. Dec. LEXIS 272

CourtPennsylvania Court of Common Pleas, Beaver County

DecidedFebruary 2, 1976

Docketno. 994 of 1975

StatusPublished

This text of 72 Pa. D. & C.2d 240 (Susie v. Susie) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Beaver County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Susie v. Susie, 72 Pa. D. & C.2d 240, 1976 Pa. Dist. & Cnty. Dec. LEXIS 272 (Pa. Super. Ct. 1976).

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Opinion

KLEIN, J.,

The instant complaint in divorce was filed on June 4, 1975, never reinstated and not served until August 4, 1975. Such service is defective absent an effective waiver by defendant: Pa. R.C.P. 1009: O’Shall v. O’Shall, 22 D. & C. 2d 158(1960); and Blose v. Blose, 21 D. & C. 2d 186 (1960). In this case, defendant appeared in person at the master’s hearing held on October 23,1975, and advised that he wished to contest the action. The master, over the objection of plaintiff, continued the hearing until December 16, 1975. Such personal appearance constitutes a waiver of any defect in service or jurisdiction over the person of defendant. See Hohlstein v. Hohlstein, 223 Pa. Superior Ct. 348, 296 A. 2d 886 (1972); Philadelphia v. Dortort, 205 Pa. Superior Ct. 211, 208 A. 2d 797 (1965); 3 P. L. Encyc. Appearance, §1 et seq., and cases cited therein.

We have carefully read the testimony taken by the master and returned with his report, as well as his report, and we are satisfied that defendant offered such indignities to the person of plaintiff as to render her condition intolerable and life burdensome. For this reason, we think that a divorce should be granted as prayed for.

ORDER

Now, February 2, 1976, it is ordered, adjudged and decreed that a decree be entered divorcing the said Lois M. Susie, plaintiff, from the said Steve T. Susie, defendant, and from the bond of matrimony contracted with him, with the same effect as if they had never been married, or as if the said Steve T. Susie were naturally dead.

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KLEIN, J.,

The instant complaint in divorce was filed on June 4, 1975, never reinstated and not served until August 4, 1975. Such service is defective absent an effective waiver by defendant: Pa. R.C.P. 1009: O’Shall v. O’Shall, 22 D. & C. 2d 158(1960); and Blose v. Blose, 21 D. & C. 2d 186 (1960). In this case, defendant appeared in person at the master’s hearing held on October 23,1975, and advised that he wished to contest the action. The master, over the objection of plaintiff, continued the hearing until December 16, 1975. Such personal appearance constitutes a waiver of any defect in service or jurisdiction over the person of defendant. See Hohlstein v. Hohlstein, 223 Pa. Superior Ct. 348, 296 A. 2d 886 (1972); Philadelphia v. Dortort, 205 Pa. Superior Ct. 211, 208 A. 2d 797 (1965); 3 P. L. Encyc. Appearance, §1 et seq., and cases cited therein.

We have carefully read the testimony taken by the master and returned with his report, as well as his report, and we are satisfied that defendant offered such indignities to the person of plaintiff as to render her condition intolerable and life burdensome. For this reason, we think that a divorce should be granted as prayed for.

ORDER

Now, February 2, 1976, it is ordered, adjudged and decreed that a decree be entered divorcing the said Lois M. Susie, plaintiff, from the said Steve T. Susie, defendant, and from the bond of matrimony contracted with him, with the same effect as if they had never been married, or as if the said Steve T. Susie were naturally dead.

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72 Pa. D. & C.2d 240, 1976 Pa. Dist. & Cnty. Dec. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/susie-v-susie-pactcomplbeaver-1976.

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