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BLOOM v. BLOOM (02/02/76)

decided: February 2, 1976.

BLOOM
v.
BLOOM, APPELLANT



Appeal from order of Court of Common Pleas, Family Division, of Allegheny County, No. 2666 of 1973, in case of Alice Bloom v. Sigmund Bloom.

COUNSEL

Ronald J. Bua, with him Dane Critchfield, for appellant.

Herbert Grigsby, with him Thomson, Rhodes & Grigsby, for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Hoffman, J. Jacobs, J., concurs in the result.

Author: Hoffman

[ 238 Pa. Super. Page 248]

The instant case presents an unusual factual situation: common pleas courts of two different counties presently have separate orders outstanding requiring appellant-husband to pay support to appellee-wife and the parties' two children. The circumstances leading up to this anomaly are set forth below.

On October 10, 1973, Alice Bloom, the appellee, filed a complaint in the Court of Common Pleas of Allegheny County, seeking support for herself and her two children from the appellant, Sigmund Bloom. Both parties resided in Allegheny County at that time. On January 17, 1974, the lower court, Judge Ross presiding, entered an order directing the appellant to pay $1200.00 per month support. After a hearing on March 20, 1974, the lower court reduced its order to $600.00 per month. On June 5, 1974, the appellant petitioned the lower court for a further reduction in the amount of support; on June 11, 1974, the appellee cross-petitioned for an increase. A hearing was scheduled for June 26, 1974. Appellant, however, informed the lower court that he had changed his residence to Washington County and moved for a change of venue. On June 25, 1974, the lower court issued an ex parte order that transferred venue to Washington County. No appeal was taken from that order.

On July 10, 1974, the appellee initiated a new complaint for support in Allegheny County, which was transferred to Washington County Court pursuant to the June 25, 1974 order. After a hearing, the Washington County Court on August 27, 1974, fixed a support order in the amount of $375.00 per month. No appeal was taken from this order.

[ 238 Pa. Super. Page 249]

On November 27, 1974, the appellee filed a petition, before Judge Ross, for rule to show cause why the June 25, 1974 order transferring venue to Washington County should not be vacated. On January 9, 1975 Judge Ross vacated the June 25, 1974 order, and reinstated the Allegheny County support order in the amount of $600.00 per month.

This appeal is taken from Judge Ross's order vacating her earlier order which had transferred venue over the instant case to Washington County. Appellant contends that the appellee should have been precluded from contesting the order transferring venue because she failed to object at the time of the transfer and because she did not appeal the resulting support order.

Both parties agree that the Allegheny County Court of Common Pleas had jurisdiction to issue the initial and modified support orders because the parties resided in Allegheny County when these orders were issued. When the appellant moved his residence to Washington County, however, he petitioned the lower court for a change in venue. The lower court determined that both § 2043.42 of the Civil Procedural Support Law*fn1 and § 2043-35 ...


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