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COMMONWEALTH EX REL. SLOSSBERG v. SLOSSBERG (09/15/66)

decided: September 15, 1966.

COMMONWEALTH EX REL. SLOSSBERG
v.
SLOSSBERG, APPELLANT



Appeal from order of Court of Quarter Sessions of Blair County, Oct. T., 1965, No. 110, in case of Commonwealth ex rel. Helene Slossberg v. Joel Slossberg.

COUNSEL

James L. Jubelirer, with him Jubelirer & Carothers, for appellant.

Harold E. Miller, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Hoffman, J.

Author: Hoffman

[ 208 Pa. Super. Page 420]

On July 20, 1961, Joel and Helene Slossberg, husband and wife, entered into a support and maintenance agreement. The agreement was in the form of

[ 208 Pa. Super. Page 421]

    an order and decree to be entered in the Court of Quarter Sessions of Blair County. The husband was represented by attorney Samuel H. Jubelirer (now a judge of the Court of Common Pleas of Blair County), and the wife was represented by attorney Abraham Colbus. Subsequent to the signing of the agreement, the wife obtained a final decree in divorce in Blair County. Shortly thereafter, she moved to Florida, and her husband moved to New Jersey.

The husband, in compliance with the terms of the agreement, made payments to the wife for approximately four years. He discontinued these payments, however, when a dispute arose concerning his visitation rights with their children.

The wife immediately contacted attorney Colbus who, for the first time, discovered that the agreement was still in Judge Jubelirer's former law offices and had never been entered of record. Attorney Colbus conferred with Judge Jubelirer who voiced no objection to the filing of the order. Consequently, on August 18, 1965, the agreement was filed in the Court of Quarter Sessions of Blair County after being signed by a judge of that court.

The husband, through his new counsel, then filed a petition to strike off the order and decree alleging that: "The Court does not have jurisdiction of the parties in that Plaintiff is a resident of the State of Florida and Defendant is a resident of the State of New Jersey." The court below dismissed the husband's petition, and this appeal followed.

It is well settled that a court's jurisdiction over the person may be conferred by consent or agreement. Schleifer v. Zoning Board of Adjustment, 374 Pa. 277, 97 A.2d 782 (1953). The parties in this case manifested a clear intent to submit to the jurisdiction of the Court of Quarter ...


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