Kropf v. Kropf
24 A.3d 405
| Pa. Super. Ct. | 2011Background
- Married Jan 11, 2005; separation in 2008 with Wife relocating to Lehigh County from Schuylkill County.
- Wife filed a divorce complaint in Lehigh County in May 2008 (reinstituted July 2008; August 2010 reinstatement).
- Husband was served Aug 21, 2010; Wife sought entry of a divorce decree Sept 21, 2010.
- Husband filed Sept 22, 2010 petition to transfer venue to Schuylkill County based on alleged improper venue and forum non conveniens.
- October 27, 2010 hearing; October 29, 2010 order denying transfer of venue; November 18, 2010 divorce decree entered.
- Husband appeals asserting venue was improper because Wife had not resided in Lehigh County for six months before filing; forum non conveniens also raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred denying transfer of venue. | Kropf argues Lehigh venue improper; Wife resided in Lehigh. | Kropf relies on venue rules and wants Schuylkill as proper forum. | Denied; court affirmed decree, venue proper in Lehigh per Leib and related precedent. |
| Whether forum non conveniens was properly considered and preserved. | Kropf argues forum non conveniens supports transfer. | Kropf did not establish oppression/vexation; waiver not complete. | Court did not abuse discretion; venue denial affirmed; forum non conveniens not proven. |
Key Cases Cited
- Leib v. Leib, 400 Pa.Super. 257 (1990) (residence need not be six months; residence in county suffices for venue)
- Danz v. Danz, 947 A.2d 750 (Pa.Sup;2008) (extensive discussion on venue in divorce actions)
- Wood v. E.I. du Pont de Nemours and Co., 829 A.2d 707 (Pa.Super.2003) (Rule 1006(d) venue transfer no time limit for forum non conveniens)
- Cheeseman v. Lethal Exterminator, 549 Pa. 200 (1997) (burden to show plaintiff's forum is oppressive or vexatious)
- Jones v. Jones, 878 A.2d 86 (Pa.Super.2005) (issues not properly developed/waived without authority)
- Gogets v. Gogets, 267 Pa.Super. 458 (1979) (venue challenge in divorce actions; waiver rules)
- Hoose v. Jefferson Home Health Care, Inc., 754 A.2d 1 (Pa.Super.2000) (evidence required to prove oppressive forum)
- Catagnus v. Allstate Ins. Co., 864 A.2d 1259 (Pa.Super.2004) (forum non conveniens considerations)