Brown v. Brown

Scheirer, J.,

In this divorce action, service of the complaint was made by publication on June 17, 24 and July 1, 1966. Plaintiff moved for the appointment of a master on July 1, and the master was appointed on July 5.

The Pennsylvania Rules of Civil Procedure provide that a master may be appointed to hear the testimony “after the action is at issue”: Pa. R. C. P. 1133(a). The action is at issue “if no answer has been filed and service has been made by publication 20 days after the last appearance of the publication”: Pa. R. C. P. 1131(c). The appointment could not have been made, therefore,…