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OLIVIERI v. OLIVIERI

242 Pa.Super. 457 (1976)

364 A.2d 361

Faye S. OLIVIERI, v. Herbert L. OLIVIERI, Appellant.

Superior Court of Pennsylvania.

September 27, 1976.

Attorney(s) appearing for the Case

Charles H. Greenberg, Philadelphia, for appellant.

Francis J. Morrissey, Jr., Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court should not have stricken his counterclaim for partition of real estate filed in response to appellee's complaint for specific performance of a post-nuptial property settlement agreement.

Appellant and appellee were married on August 11, 1957, and have three minor children. Prior to their divorce on October 4, 1971, the parties entered into a property settlement agreement dated September 21, 1971. The...

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