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Simpson v. Sinclair

Dismissal of Scottish wife's divorce suit for lack of jurisdiction did not collaterally estop wife from registering subsequent support order obtained in Scottish court.

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� 1 Catriona Margaret Kerr Simpson (Wife) appeals from the order denying her request to register a Scottish support order. She and David Paterson Sinclair (Husband) were married June 1, 1995, in Scotland, where she still resides. She alleges Husband lives in Philadelphia, Pennsylvania.

� 2 Wife filed a divorce complaint in Philadelphia, but that case was dismissed on Husband’s objections to jurisdiction; essentially, Wife was told she needed to pursue her action in Scotland, not Pennsylvania. After the Scottish court entered an order requiring Husband to pay �400 per week, Wife attempted to register that order in Philadelphia. The trial court sustained Husband’s objections and refused to allow registration; from that order Wife appeals, raising the following issues:

1. Did the lower court err when it failed to register a foreign support order which in all particulars conformed to the requirements of 23 Pa.C.S. � 7605 and to which no statutory defense was entered?

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