SMITH v. SMITH

No. 21.

49 Pa. D. & C. 2d 734 (1970)

Smith v. Smith

Common Pleas Court of Fulton County, Pennsylvania.

September 14, 1970.


Attorney(s) appearing for the Case

John B. Schaner, for plaintiff.


MacPHAIL, P. J., September 14, 1970.

In this action for divorce on the grounds of desertion, the master has recommended that a decree be entered. The evidence will sustain the awarding of a decree, but there is a procedural problem. Pa. R. C. P. 1126(4) requires that plaintiff set forth in his complaint the lengths of time plaintiff and defendant resided in the Commonwealth immediately prior to the commencement of the action. While plaintiff has set forth in...

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