Zimmerman v. Zimmerman
Zimmerman v. Zimmerman
Concurring Opinion
concurring:
For reasons appearing in Nixon v. Nixon, 312 Pa.Super. 313, 458 A.2d 976 (1983), I concur in the decision to remand for the filing of exceptions nunc pro tunc.
Opinion of the Court
Appellant, Frederick Zimmerman, and appellee, Bernadette Zimmerman are divorced and a support order was entered on July 7, 1978 against appellant in the amount of $45.00 per week. Appellee filed on July 7, 1981 a petition for an increase in support for their son, Frederick Zimmerman, who was twelve-years-old at the time of that petition. On that date, the lower court increased the support order to $120.00 per week.
No exceptions were filed to that July 7, 1981 order modifying support, and this Court has held previously that such failure constitutes a waiver of objections to that order.
Accordingly, we remand for the filing of exceptions nunc ;pro tunc. Jurisdiction is relinquished.
. We note that Pa.R.C.P. No. 1910.1 l(k), effective July 22, 1981, provides that “[n]o exceptions may be filed to the final order of support.” That rule, of course, does not control this matter as the entry of the July 7, 1981 order preceded the above effective date.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.