No. 00785 Philadelphia, 1983, Appeal from Order of the Court of Common Pleas, Civil Division, of Montgomery County at No. 3180-82, Case No. 26004 October 1982.
Sidney M. DeAngelis, Norristown, for appellant.
Dorothy K. Phillips, Philadelphia, for appellee.
Cavanaugh, Beck and Tamilia, J.
[ 334 Pa. Super. Page 113]
In this appeal, appellant-wife challenges an order of the Court of Common Pleas of Montgomery County transferring her support action from Montgomery County to Philadelphia County.*fn1 The relevant facts are not in dispute, and may be summarized as follows:
[ 334 Pa. Super. Page 114]
Appellant-wife and appellee-husband were married on June 29, 1968, and have two minor children. In September of 1981, the parties separated. At that time, appellee moved to Philadelphia County while appellant continued to reside in the marital residence located in Montgomery County with the two children. On February 24, 1982, appellee filed a complaint in divorce in Philadelphia, and on April 18, 1982, appellant's attorney entered an appearance and accepted service in Philadelphia. Thereafter, appellant obtained new counsel, and on September 22, 1982, filed her own complaint in divorce in Montgomery County which contained, inter alia, a count seeking support. On July 7, 1982, appellee petitioned the lower court to stay appellant's Montgomery County divorce action and/or transfer venue to Philadelphia. After a conference in chambers, at which both counsel were present, a rule was entered on appellant to show cause why the requested relief should not be granted and for the meantime a temporary stay of all Montgomery County proceedings was entered.
Thereafter, on October 27, 1982, before a decision had been made on appellee's petition to stay and/or transfer, appellant filed a new and separate support action in Montgomery County. Appellee filed preliminary objections to the support action and on December 15, 1982, the lower court issued an order specifically including this separately filed support action within the operation of its previously issued, temporary stay order. On February 17, 1983, the matter was again before the lower court on appellee's petition to hold appellant's counsel in contempt of court. After a conference in chambers, at which the lower court entertained argument from both counsel, an order was entered which, inter alia, transferred both the divorce and the separate support actions to Philadelphia for consolidation with appellee's prior, pending divorce action. This appeal is taken from the part of that order which transfers the separate support action.
[ 334 Pa. Super. Page 115]
Appellant contends that the recently promulgated*fn2 support rules, specifically Pa.R.C.P. 1910.2(3), afford her an unfettered right to have her support claim heard in Montgomery County, notwithstanding the pendency of appellee's Philadelphia divorce action. We disagree.