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65 Pa. D. & C.2d 796

Teese v. Teese

Pennsylvania Court of Common Pleas, Delaware County · decided 1974-05-28

Decided 1974-05-28

BLOOM, J.,

¶1On February 6, 1974, plaintiff, William A. Teese, filed a complaint in divorce, a.v.m., against his wife, defendant, Deborah L. Teese. The complaint alleged that plaintiff resides in New-town Square, Delaware County, Pa., and that defendant resides in Scranton, Lackawanna County, Pa. Service of the complaint was made upon defendant by deputized service through the Sheriff of Lackawanna County on February 25, 1974.

¶2On March 18, 1974, defendant filed preliminary objections to the complaint contending that the venue in this action was improper, alleging that plaintiff is a resident of Lackawanna County.

¶3Rule 1122 of the Pennsylvania Rules of Civil Procedure provides:

¶4“The action [in divorce] may be brought in and only in the county in which the plaintiff or the defendant resides.”

¶5Notice of argument before this court was sent to counsel for defendant. Neither defendant nor anyone on her behalf has taken any action before this court and thus the allegations in the complaint respecting plaintiff’s residence must be taken as true.

¶6Therefore, we enter the following

¶7ORDER

¶8And now, to wit, May 28, 1974, it is hereby ordered and decreed that the preliminary objections filed by the defendant objecting to venue in the above matter be and the same are hereby dismissed.

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