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McArdle v. McArdle
Citations: 679 A.2d 1316; 451 Pa. Super. 465; 1996 Pa. Super. LEXIS 2510
Court: Superior Court of Pennsylvania; July 31, 1996; Pennsylvania; State Appellate Court
William H. McArdle appeals a divorce decree issued on November 22, 1995, which dissolved his marriage to the appellee and directed the equitable distribution of their marital property. The couple was married on July 20, 1970, and the appellee filed a “no-fault” divorce complaint on February 25, 1994. Following a hearing, a Master issued a report on November 9, 1995, to which no timely exceptions were filed by the husband. Husband’s appeal contends that his failure to file exceptions does not bar him from challenging the property distribution, citing Shuda v. Shuda as support. However, the court ruled that under Pennsylvania Rules of Civil Procedure (Pa.R.C.P.) 1920.55-2, issues not raised in exceptions are waived unless prior leave is granted to file them before the decree. The court distinguished Shuda, noting that it involved a challenge to the grounds for divorce, rather than the equitable distribution of property, which is the case here. The trial court's ruling that Pa.R.C.P. 1920.55-2 prohibits appellate review of the husband's challenge was upheld. The court emphasized that the rules applicable at the time of the Shuda ruling were different and did not affect the current case. Consequently, the husband's appeal was quashed, and the appellee's petition to quash the appeal and request for counsel fees was denied.