Legal Opinion

Kratzer v. Kratzer

Pennsylvania Court of Common Pleas, Lehigh County

Decided November 14, 1977No. 12Published

1Opinion of the Court

BACKENSTOE, J.,

This uncontested divorce action must be returned to the master because notice of the master’s hearing was not given defendant in the manner provided by Pa.R.C.P. 1133(a)(3)(a). The rules of civil procedure provide for notice of the master’s hearing, where no attorney has appeared of record for defendant, as follows: “If the defendant was served with the complaint under Rule 1124(a), by personal service or by sending the notice by ordinary mail to his last known address.” Pa.R.C.P. 1133(a)(3)(a). (Emphasis supplied.)

In the present case, defendant, having been personally served…

2Cases cited2 opinions

  1. Buckwalter v. BuckwalterSuperior Court of Pennsylvania · 1973
  2. Wiltse v. WiltseSuperior Court of Pennsylvania · 1946

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