April 4, 1986
WILLIAM M. SHULTZ
ANITA P. SHULTZ, APPELLANT
Appeal from the Order in the Court of Common Pleas of York County, Civil Division, No. 83-S-2927.
Before: Cavanaugh, Tamilia and Cercone, JJ.
Concurring Memorandum by Cercone, J.
ON CONSIDERATION WHEREOF, it is now hereby ordered and adjudged by this Court that the appeal from the Order in the Court of Common Pleas of York County is dismissed.
CONCURRING MEMORANDUM BY CERCONE, J.:
I respectfully disagree with the majority's decision to find that appellant has waived her exceptions to the Master's report because of the untimely filing of her exceptions.
The docket in this case does not support this finding since Pa.R.C.P. 1920.55(a) mandates that the ten-day period begin with the mailing of the notice of filing of the Master's report, and not merely the filing of the report. The docket in this case does not indicate whether, or on what date, notice of filing was given to the parties.
Therefore, while I would dismiss the appeal, I would do so by affirming the entry of the divorce decree on the basis of the opinion of the trial court, and not on a finding of waiver.
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