Masciulli v. Masciulli

Opinion by

Wright, J.,

On May 16, 1958, in an action for divorce a.v.m. on the ground of indignities to the person instituted by Giocondino J. Masciulli, Jr. against Sydney E. Masciulli, the Court of Common Pleas of Dauphin County granted the plaintiff-husband a final decree. On September 5, 1958, the wife petitioned for a rule to show cause why the decree should not be vacated. This petition alleged that the husband had intentionally withheld from his wife notice of the pendency of the divorce action and of the Master’s hearing, wherefore the decree in divorce was fraudulently obtained. A rule…