Tosi v. Kizis

OPINION BY

FITZGERALD, J.:

Appellant, Robert Kizis, as personal representative of John J. Tosi, deceased, appeals from the order entered in the Lu-zerne 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 pursuant to Pa.R.C.P. 229(c). Accordingly, we affirm.

John J. Tosi (“Husband”) and Lillian J. Tosi (“Wife”) were married on…