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SHIRLEY COLEMAN v. HARRISON COLEMAN (08/29/80)

filed: August 29, 1980.

SHIRLEY COLEMAN
v.
HARRISON COLEMAN, APPELLANT



No. 456 October Term, 1979, Appeal from the Order of the Court of Common Pleas of Northampton County, Civil Action, No. 2103 of 1978.

COUNSEL

Peter S. Steinberger, Allentown, for appellant.

Mark Sigmon, Bethlehem, for appellee.

Price, Watkins and Hoffman, JJ.

Author: Hoffman

[ 280 Pa. Super. Page 567]

Appellant contends that the lower court erred in dismissing his preliminary objections to the venue of this support action. We disagree and, accordingly, affirm the order of the court below.

The parties are husband and wife and have been separated since October, 1978. On November 6, 1978, the appellee wife brought this action against the appellant husband in the Court of Common Pleas of Northampton County, seeking support for herself and the parties' two minor children. The complaint averred that both parties reside in Northampton County. The husband filed preliminary objections, alleging

[ 280 Pa. Super. Page 568]

    that venue did not lie in Northampton County. He averred that since the parties' separation, he has been a resident of Lehigh County.*fn1 The lower court, concluding that the action had been properly brought in Northampton County, dismissed the preliminary objections. The husband then took this appeal.*fn2

The husband contends that pursuant to the Civil Procedural Support Law venue lies only in the county in which the defendant resides. Section 6712 of the Civil Procedural Support Law, which now appears in subchapter A of chapter 67 of the Judicial Code,*fn3 provides:

If the court of the county acting as initiating county finds that the complaint sets forth facts from which it may be determined that the defendant owes a duty of support or the defendant is in default in payment of an order of support and that the court of the responding county may obtain jurisdiction of the defendant or his property, it shall so certify to the responding county and shall cause three copies of the complaint or order and its certification to be transmitted to the court in the responding county.

42 Pa.C.S. § 6712. "Initiating county" is defined as "[a]ny county in which any proceeding pursuant to this subchapter is commenced." Id. § ...


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