Appeal from order of Court of Common Pleas No. 2 of Philadelphia County, June T., 1961, No. 1302, in case of Billie Tanis v. Paul G. Tanis.
Steven A. Arbittier, with him Anthony S. Minisi, and Wolf, Block, Schorr and Solis-Cohen, for appellant.
Herman P. Weinberg, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Wright, J.
[ 206 Pa. Super. Page 214]
We are here concerned with an appeal by the wife from an order of Court of Common Pleas No. 2 of Philadelphia
[ 206 Pa. Super. Page 215]
County, entered April 9, 1964, dismissing her complaint in divorce. An examination of this voluminous original record reveals a long and involved history which it will be necessary to set forth in some detail.
Billie Rothenberg and Paul G. Tanis were married on January 28, 1951, and have two children. The husband is forty-one years of age, and is engaged in business as a roofing contractor. The wife is aged forty-five years, and is presently unemployed. On June 28, 1961, the wife filed a complaint in divorce on the ground of indignities to the person. On July 6, 1961, the parties entered into a post-nuptial property settlement agreement. On September 28, 1961, a master was appointed in the divorce action. On October 18, 1961, the wife filed a supplemental complaint under Pa. R. C. P. No. 1127(b) to enforce the post-nuptial property settlement agreement.*fn1 On November 30, 1961, the master filed a report recommending that the divorce be granted. On December 8, 1961, the husband filed exceptions. On February 26, 1962, the husband obtained a rule to show cause why the case should not be remanded to the master for the purpose of taking additional testimony on the question of collusion and lack of jurisdiction. By stipulation of counsel filed April 11, 1962, and with court approval, the exceptions
[ 206 Pa. Super. Page 216]
and rule to remand were withdrawn. On April 27, 1962, a final decree was entered.
The present proceeding is based on testimony taken at the eventual hearing (January 7 and 8, 1963) on the supplemental complaint, at the conclusion of which the hearing judge directed counsel "to file a petition for leave to open nunc pro tunc". Pursuant to this direction, the husband filed a petition on January 23, 1963, for a rule to show cause why the final decree should not be vacated and the case remanded to the master for the purpose of taking additional testimony on the question of collusion and lack of jurisdiction. This rule was made absolute on February 6, 1963.*fn2 After taking additional testimony the master filed a supplemental report on September 10, 1963, in which he found that the court had jurisdiction and that there was no collusion, and again recommended that the divorce be granted. On September 20, 1963, the husband filed exceptions to the master's supplemental report. On April 9, 1964, these exceptions were sustained and, as previously indicated, the complaint in divorce was dismissed. This appeal followed.
The purported jurisdictional question has no substance whatever. It is undisputed that both parties resided in the Commonwealth of Pennsylvania for a number of years prior to the filing of the complaint in divorce. The position taken by the husband is that venue did not lie in Philadelphia County since the parties actually lived in Montgomery County. However, the husband entered a general appearance. As pointed out by the court below, ...