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WOROBEY v. WOROBEY (04/18/63)

April 18, 1963

WOROBEY
v.
WOROBEY, APPELLANT.



Appeal, No. 49, Oct. T., 1963, from decree of Court of Common Pleas of Montgomery County, No. 61-11060, in case of Walter Worobey v. Anne Lee Worobey. Decree affirmed.

COUNSEL

Francis J. Pfizenmayer, with him John A. M. McCarthy, for appellant.

Sideny M. DeAngelis, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Montgomery

[ 201 Pa. Super. Page 42]

OPINION BY MONTGOMERY, J.

This is an appeal from a final decree in divorce a.v.m. granted the husband-appellee on the grounds of indignities to the person. The complaint was filed on December 8, 1961, and was served on the appellant by registered mail as prescribed by the Rules of Civil Procedure, and on January 22, 1962, the court appointed a master. The master notified the appellant that he would hold a hearing on March 6, 1962 at 2:00 P.M. Appellant did not file an answer to the complaint, nor did she appear at the master's hearing.

[ 201 Pa. Super. Page 43]

Previously, on January 5, 1962, a lawyer for the appellant wrote to counsel for the husband and made a demand for a property settlement, threatening to contest the husband's action if the property demanded was not forthcoming.

Negotiations were then entered into between counsel for the husband and counsel for the appellant, and the day before the scheduled master's hearing a meeting was held which resulted in a property settlement, dictated by both counsel to a secretary, transcribed and executed that day. Inter alia, it provided for the payment of $1,500 to the appellant.

On March 22, 1962, the master filed his report recommending that the divorce be granted. On March 29, 1962, a warrant of attorney, together with an entry of appearance was filed by new counsel for the appellant. On the same day appellant filed a petition and rule to show cause why the matter should not be referred back to the master for further testimony in order to permit the appellant to present a defense to the action. The appellant affirmed in her petition that she did not realize the importance and finality of the master's hearing. The appellee alleges that the appellant's only motivation for contesting the divorce was an attempt to obtain a better financial settlement than the one agreed upon previously.

A rule to show cause issued on the husband, who answered the petition and filed new matter alleging the aforesaid motivation of the appellant. On June 11, 1962, the Common Pleas Court of Montgomery County, sitting en banc, dismissed the petition to refer the case back to the master, and granted leave to the appellant to file exceptions to the master's report. The exceptions filed challenged the sufficiency of the evidence to ...


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