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TOSI v. KIZIS

No. 160 MDA 2013

85 A.3d 585 (2014)

2014 PA Super 16

Lillian J. TOSI, Appellee v. Robert KIZIS, as Personal Representative of John J. Tosi, Deceased, Appellant.

Superior Court of Pennsylvania.

Filed February 6, 2014.

Attorney(s) appearing for the Case

Helen E. Casale , Norristown, for appellant.

Lawrence D. MacDonald , Wilkes Barre, for appellee.

BEFORE: BENDER, P.J., WECHT, and FITZGERALD, JJ.

OPINION BY FITZGERALD, J.:

Appellant, Robert Kizis, as personal representative of John J. Tosi, deceased, appeals from the order entered in the Luzerne County Court of Common Pleas denying Appellant's petition to strike the discontinuance of a divorce action. We hold that, where the defendant in a divorce action dies before a divorce decree is entered but after grounds for divorce are established, the surviving spouse may voluntarily elect to discontinue the proceedings...

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