text:
|Publication number
|Publication type
|Application number
|Publication date
|Feb 23, 1982
|Filing date
|Nov 30, 1979
|Priority date
|Mar 19, 1979
|Publication number
|William M. Boyd
|Original Assignee
|Rca Corporation
|Export Citation
|BiBTeX, EndNote, RefMan
|Patent Citations (3), Referenced by (38), Classifications (11)
|External Links: USPTO, USPTO Assignment, Espacenet
This invention relates to arrangements for biasing power active devices such as transitors and for changing the bias from moment to moment in response to the signal power being handled by the amplifier or apparatus in which the active device is incorporated.
Active electronic devices such as vacuum tubes, bipolar and field-effect transistors and the like have nonlinear transfer functions. Very often, as with small-signal applications, the signal excursion is sufficiently small so that a portion of the transfer characteristic of the active device can be selected which is approximately linear. The active device is biased to that portion of the characteristic and the signal excursions about that point are sufficiently linear for the intended application. In other applications, it may be necessary to select among active devices to find those which are sufficiently linear for the intended purpose. In still other applications, the nonlinearity of the transfer function can be suppressed by trading gain for linearity, as with degenerative feedback and more recently with feedforward distortion compensation.
Power amplifiers pose a more severe distortion problem than do small-signal amplifiers. Generally speaking, the output signal excursions are large and may encompass a substantial portion of the entire useful characteristic. The internal power dissipation of the power active device is generally relatively large, which forces the physical dimensions of the active device itself (for example, the dimensions of the transistor chip) to be large to allow sufficient area for conducting away the heat to prevent damage to the device. Such larger active devices tend to require compromises in their design which reduces their overall gain. Consequently, the input signal required to drive the active device to produce the rated power output will be larger than in the case of a small-signal device, and thus the signal excursions at the input of the device are larger than in small-signal devices which exacerbates the linearity problem. The relatively low gain of the power devices and their large cost makes feedback and feedforward distortion correction schemes unattractive. Feedback and feedforward may also be disadvantageous for other reasons, as for example, because of high-frequency phase shift considerations. Consequently, the active devices in many applications, as for radio and television transmitters and the like are provided with distortion compensators which predistort the signal applied to the power device to compensate for the expected distortion when the power device is operated at a bias current and voltage level which provides optimum distortion.
It has been discovered, however, that the bias current and voltage of the active device may change during operation in response to the signal level being handled by the device. Thus, the power device deviates from the optimum bias point for which the predistortion was designed, with the result that substantial degradation of the distortion results. It is desirable to compensate for the distortion-causing effect of signal-dependent changes in the operating point of a power device.
A distortion correction arrangement for a power apparatus utilizing transistors includes bias circuits coupled to the transistor for biasing the transistor into a low distortion conduction condition. The conduction condition of the transistor changes in response to the signal power being processed, as by amplification. The change in conduction condition causes increased distortion, for example, differential gain. A bias control circuit is coupled to the transistor and to the bias circuits for sensing the signal power level and for controlling the bias in response to the signal power level for maintaining the low distortion conduction condition.
FIG. 1 is a plot of the current gain of a transistor device as a function of collector current;
FIG. 2 is a plot of base-emitter offset voltage of a transistor device as a function of device temperature;
FIG. 3 illustrates the changes in incremental or differential gain of a television power transmitter as a function of percent of signal level for several average picture levels of the television signals being processed;
FIG. 4 is a plot of experimental data taken on the transmitter of FIG. 3 relating to the correction voltage required at the base of a transmitter power transistor to the average picture level of the television signal being processed;
FIG. 5 is a block diagram of a portion of a television transmitter embodying the invention;
FIG. 6 provides schematic detail of portions of the arrangement of FIG. 5; and
FIG. 7 illustrates another embodiment of the invention.
FIG. 1 illustrates that the current gain of a bipolar transistor depends upon collector current. At some collector current I2 the gain is a maximum, and increases or decreases of the collector current above and below this value resulting in reduced gain. A normal signal excursion may extend about optimum current I2, as between current values I1 and I3. The incremental current gain decreases at the lowest collector current excursion I1 as well as at the highest current I3. Since the highest incremental current gain is near current I2 on which the signal is centered, the signal portions having amplitudes near the current value I2 will be relatively stretched compared with those portions of the signal excursion having values near currents I1 and I3 which are relatively compressed. Other bias points are often used. For example, it is possible to bias quiescently at either I1 or I3, which will cause a unidirectional change in incremental gain about the quiescent points. A bias adjustment of a class AB amplifier will result in a differential gain change as shown in FIG. 3. Active devices other than bipolar transistors, generally speaking, also have nonlinear transfer functions.
It is well known that the power dissipated within the active device of an amplifier changes in response to the power supplied to the load. For example, in a class A amplifier, the active device dissipation is maximum under no-signal conditions and decreases when signal is supplied to a load. In class AB and B amplifiers, collector dissipation is least under no-signal conditions and increases in the presence of a signal. Such changes in the power dissipation with changes in signal level affect the power dissipated within the active device. This in turn may change the characteristics of the device in a manner which perturbs the biasing. In the case of a bipolar transistor, for example, the base-emitter voltage is temperature-sensitive and has a negative characteristic as illustrated in FIG. 2. When a power bipolar transistor is biased by a voltage source applied across the base-emitter junction, even a small change in the base-emitter offset voltage may cause undesirably large changes in collector current.
When television signals are translated through an active device, the average signal level may change as the luminance takes excursions from black level to white level. Thus, there are variations in the power dissipation during a horizontal line. The top of a raster may often have a different luminocity than the bottom, as where sky and earth are imaged. This causes signal power changes with intervals having durations of milliseconds, and similarly scene changes may cause power-level variations having durations on the order of seconds.
Measurements have been made of the incremental or differential gain distortion occurring in a radio-frequency transmitter using a bipolar transistor output stage. FIG. 3 illustrates the distortion obtained at various average picture levels (APL). These measurements are made by operating the transmitter for a relatively long interval with a television signal transmitting a black, (0% APL) gray (50% APL) or white (100% APL) field, and interrupting the signal for the duration of one horizontal line and inserting during that line a conventional stairstep by which differential gain is measured. For the purpose of these tests, the bias condition was optimized at the 50% APL condition. As illustrated in FIG. 3, substantial differences in distortion occur with changes in picture content. While it may be possible to predistort the signal so as to compensate for the signal distortion at one power level, the changes in the distortion with power level reduce the effectiveness of this approach.
FIG. 4 illustrates the polarity and magnitude of the correction required from the optimum base bias voltage in the aforementioned transmitter to maintain constant distortion nothwithstanding changes in signal level. The bias current, as before, was initially optimized at a mid-power condition. As illustrated in FIG. 4, changes in power level from a mid-power gray picture to a white picture requires a change in base bias voltage of approximately 20 millivolts for compensation for high and low-band television power transmitters. With black picture, on the other hand, a correction of about 2 millivolts (mv) in the negative direction is required for high-band systems and about +2 mv for low-band systems. The actual correction voltage (magnitude and/or shape) for a constant linearity may be different for various device types.
The corrections illustrated in FIG. 4 are those required under long-term conditions. There are, however, a number of different thermal time constants associated with the transistor chip which affect the rate of change of temperature. Those time constants associated with the transistor junction or chip, including substrate balancing resistors, have relatively fast time constants ranging from microseconds to milliseconds. The transistor package has a medium time constant, ranging from milliseconds to seconds. The heat sink to which the package is affixed has a relatively slow time constant, on the order of seconds to minutes. While a coarse compensation for transistor junction temperature may be based upon the long-time-constant corrections illustrated in FIG. 4, a better correction for the actual temperature of the junction using the modulation of the signal being translated as the input variable takes into account some heating time constants.
In FIG. 5, a radio-frequency signal is applied to a radio-frequency output transistor 10 for translation to an output conductor 12. A sample of the radio-frequency output signal is applied to a diode envelope detector 14 at upper left of FIG. 5 by way of an RF signal sampler 16. Envelope detector 14 demodulates the radio-frequency output signal to produce a replica of the modulation, which is related to the power dissipated in power transistor 10. The remainder of the arrangement of FIG. 5 is an open-loop compensation circuit coupled to the bias supply of power transistor 10 for correcting the base voltage in response to the video modulation of the radio-frequency signal to compensate for the changes in base-emitter voltage of output transistor 10 resulting from temperature changes in response to the amplitude of the radio-frequency signal.
The output of envelope detector 14 is coupled to an integrator 16 which integrates the modulation to produce a signal indicative of the slower or longer-interval power variation. The output of integrator 16 is coupled to an antilog module 18 at lower left of FIG. 5 which applies a logarithmic conversion to the integrated control voltage to create an output signal having a slope which is approximately the inverse of the slope of the high-band correction curve illustrated in FIG. 4. The converted signal is applied to an inverting integrator stage 20 to produce a slow time constant correction signal suitable for the measured bias change in a particular high-band television transmitter output transistor.
As may be noted from FIG. 4, the transmitter used for low-band television operation has a somewhat different curvature than the correction for the high-band. The breakpoint and difference in slope in the region of 40 IRE units in FIG. 4 is compensated for by a breakpoint stage 22 coupled in parallel with antilog module 18. At a particular input voltage corresponding to the breakpoint, stage 22 begins to produce an output signal which is coupled to stage 20 for summing with the output signal of module 18. Thus, the changes in bias voltage resulting from relatively slow time-constant heating effects may be compensated.
As previously mentioned, the heating effect resulting from short time-constant power-level changes may also be compensated. A high-gain amplifier 24 has its input coupled to the output of integrator 16 for amplifying the output of integrator 16 and driving a differentiator 26. Amplifier 24 is arranged to saturate with modulation changes from 0 to 100% APL in either direction (bounce test). Differentiator 26 operates on the amplified integrated modulation to produce differentiated pulses representative of fast changes in the modulation which in turn are indicative of fast changes in the power dissipated in transistor 10. The pulses are applied through an amplitude adjustment stage 28 to a second input of a further summing amplifier 30 to produce an output signal representative of the short and long-term power changes. The output of amplifier 30 is coupled to the base of transistor 10 by means of a driver and output stage 32 and bias circuit 36.
FIG. 6 illustrates in schematic detail portions of the arrangement of FIG. 5. In FIG. 6, an input terminal 600 at upper left receives radio-frequency signals from sampler 16 and couples them to a level adjustment potentiometer 602 which is matched to the input transmission-line impedance. The RF signals are coupled through a capacitor 604 to a detector diode 606 which rectifies the signal. A capacitor 608 strips off the RF carrier. A bias circuit consisting of resistors 610 and 616, inductors 612 and 614 and a diode 618 biases the anode of detector diode 606 toward ground potential. Diode 618 tends to temperature-compensate for diode detector 606. The detected modulation is coupled through an inductor 620 to integrator 16, which includes an amplifier 624, the gain of which is controlled by resistors 622 and 628 and a capacitor 630. The output of integrator 16 is offset by a bias circuit including zener diode 634 and a resistor 632 coupled to the inverting input of the amplifier. The output of amplifier 16 is coupled by way of resistor 674 and scale-factor adjustment potentiometer 676 to the input of an antilog module 18, the output of which is coupled to the inverting input of summing amplifier 20. The output of amplifier 16 is also coupled to the inverting input of an operational amplifier 684 of breakpoint stage 22 by way of a resistor 682. Resistor 682 forms, with resistor 692 and a voltage source including a zener diode 694, a bias network which tends to drive the inverting input of amplifier 684 negative. However, degenerative feedback through diode 690 prevents the output of amplifier 684 from dropping below ground. Until the signal applied to the input of breakpoint stage 22 can raise the voltage at inverting input of amplifier 684 above ground, no output signal results, as illustrated by waveform 23 of FIG. 5. When the output signal is high enough, the output of amplifier 684 goes negative, diode 690 becomes nonconductive, diode 688 becomes conductive and the gain of breakpoint stage 22 is controlled by resistors 682, 686 and 692. The output of stage 22 is applied to the inverting input of summer 20 by means of resistors 698 and 700. A bias voltage is also applied to the input of summer 20 from a potentiometer 704 by way of a resistor 702. The three input signals applied to the inverting input of amplifier 706 are integrated and inverted before being applied by way of a level adjust potentiometer 714 to a summing amplifier 30 where the slow time constant signal is combined with the fast time constant signal.
The output signal from integrator 16 is also applied by way of a voltage divider 636, 638 to the base of a transistor 642 of amplifier 24. The gain of the stage is controlled by resistors 640 and 644. The output of amplifier 24 is applied to differentiator 26 which consists of capacitor 646 and a resistor 648 and the output of which is buffered by an amplifier 650. The output of differentiator 26 is coupled to pulse amplitude adjust circuit 28 which includes an operational amplifier 654, the supply voltages of which may be adjusted by means of potentiometers 670 and 672. The gain of amplifier 654 is controlled by resistors 652 and 668. Adjustment of resistors 670 and 672 controls the maximum voltage to which the output of amplifier 654 can be driven. The output of adjustment stage 28 is applied by way of a resistor 718 to summer 30. Summer 30 is coupled in a feedback loop with driver and output stage 32. The output of the combined summer, driver and output stage drives a voltage divider of bias circuit 36 consisting of resistor 726 and 728 to produce an attenuated control signal across resistor 728. The control signal is translated through diodes 730 and 732 to the base of an emitter-follower 734. The emitter of transistor 734 is coupled through an RF choke 738 to the base of transistor 10. The nominal conduction level of transistor 10 is set by a resistor 736 coupled to the base of transistor 734. The incremental bias changes in response to signal modulation are superimposed upon this basic conduction level. Radio-frequency signals are applied to the base of transistor 10 through a capacitor 740.
FIG. 7 illustrates a quasi-digital arrangement for producing a correction curve similar to the curve of FIG. 4. In FIG. 7, elements corresponding to those of FIG. 6 have the same reference number. Modulation detected by detector 14 and processed by integrator 16 is applied in parallel to a plurality of comparators 752-756 of a nonlinear processor 750 for comparison with reference voltages representing various selected video levels representative of RF power levels. The outputs of the comparator are passed through amplitude controls 764-768 and summed in a summing integrator 770. Processor 750 produces a nonlinear control signal generally corresponding to that produced by antilog module 18 and breakpoint stage 22, and is summed with modulation processed by amplifiers 24 and 28 and by differentiator 26 for application to the base of transistor 10.
Other embodiments of the invention will be obvious to those skilled in the art. As illustrated in FIG. 5, a plurality of power transistors may have the same control signal coupled to their bases. Also, since the control signal required to compensate for heating effect of the active device depends upon the type of device and upon its geometry and the geometry of its mounting, it is anticipated that other forms of correction signal both as to time constant and correction polarity will be required. In a particular embodiment of the invention, the following values were found to provide satisfactory operation:
______________________________________B+, B- � 15 voltsRESISTORS OHMS602 50610,628 39k616,666 4700622 6800626 7500632 24k636,668,676,682,692 10k638 3k640 75644 1200648 4.7M652 8200670,672,704,718,708710,722,716,720 1k674 42k677 34k highband, 33k lowband679 25k686 4700 highband, 14.7k lowband698 2k700 470702 560714 5k726 330728 1CAPACITORS604 1000pF608 27pF630 0.47μF646 0.015μF712 660μFACTIVE DEVICESDiodes 606,618,688,690 Hewlett-Packard 2835Zener 634 3.3vZener 694 8.4vAntilog module Analog Devices 752N______________________________________
|Cited Patent
|Filing date
|Publication date
|Jul 7, 1967
|May 6, 1969
|Us Army
|High level rf transistor distortion correction circuit
|May 10, 1968
|Feb 24, 1970
|Bell Telephone Labor Inc
|Bias control circuit for pulse power transistor amplifiers to stabilize the quiescent current therein
|Oct 14, 1971
|Jan 30, 1973
|Us Navy
|Variable direct current bias control circuit for linear operation of radio frequency power transistors
|Citing Patent
|Filing date
|Publication date
|Feb 3, 1981
|Jul 3, 1984
|Motorola, Inc.
|Adaptive power control circuit
|Nov 15, 1988
|Nov 21, 1989
|General Electric Company
|Linearizer control system
|May 31, 1989
|Jun 19, 1990
|Sgs-Thomson Microelectronics, Inc.
|Low bias, high slew rate operational amplifier
|Jun 3, 1991
|Apr 26, 1994
|Motorola, Inc.
|Power control circuitry for achieving wide dynamic range in a transmitter
|Dec 13, 1993
|Apr 4, 1995
|Itt Corporation
|Method and apparatus for testing circuits containing active devices
|Nov 14, 1994
|Jul 2, 1996
|Matsushita Electric Industrial Co., Ltd.
|High frequency power amplifier
|May 14, 1993
|Nov 12, 1996
|Telefonaktiebolaget Lm Ericsson
|Method and apparatus for regulating a power level of a transmitted radio signal
|Jun 19, 1992
|Nov 12, 1996
|Mitsubishi Denki Kabushiki Kaisha
|Transmission power control circuit
|Mar 11, 1997
|Apr 28, 1998
|Nokia Mobile Phones Limited
|Radio transmitters and methods of operation
|Dec 12, 1996
|Jul 6, 1999
|Glenayre Electronics, Inc.
|Method and apparatus for reducing key-up distortion by pre-heating transistors
|Sep 17, 1998
|Oct 17, 2000
|Telefonakteibolaget Lm Ericsson
|Method and apparatus for preventing power amplifier saturation
|Aug 5, 1998
|May 15, 2001
|Triquint Semiconductor, Inc.
|RF power amplifier with variable bias current
|Mar 24, 2000
|Jul 24, 2001
|International Business Machines Corporation
|Linear power detectors and methods for power amplifiers
|Apr 19, 2001
|Jun 11, 2002
|Anadigics, Inc.
|Amplifier bias adjustment circuit to maintain high-output third-order intermodulation distortion performance
|Jun 10, 1999
|Jul 30, 2002
|The Whitaker Corporation
|Detector driven bias circuit for power transistors
|Aug 8, 2000
|May 6, 2003
|Anadigics, Inc.
|Low bias current/temperature compensation current mirror for linear power amplifier
|Jun 11, 2002
|Oct 28, 2003
|Anadigics Inc.
|Amplifier bias adjustment circuit to maintain high-output third-order intermodulation distortion performance
|Jul 29, 2002
|Aug 30, 2005
|Anadigics, Inc.
|Low bias current/temperature compensation current mirror for linear power amplifier
|Feb 11, 2004
|Jul 25, 2006
|Silicon Laboratories, Inc.
|Radio frequency low noise amplifier with automatic gain control
|Nov 10, 2003
|May 6, 2008
|Electronics And Telecommunications Research Institute
|Burst mode optical receiver considering characteristic of extinction ratio of received optical signal
|Sep 10, 2004
|Nov 25, 2008
|Silicon Laboratories, Inc.
|Low noise image reject mixer and method therefor
|Mar 11, 2012
|Nov 19, 2013
|Chandra Khandavalli
|Analog pre-distortion linearizer
|Jun 30, 2011
|Sep 30, 2014
|Blackberry Limited
|Low-noise microphone pre-amplifier with active load element
|Jul 29, 2002
|Jan 9, 2003
|Lopez Osvaldo Jorge
|Low bias current/temperature compensation current mirror for linear power amplifier
|Dec 17, 2003
|Jul 8, 2004
|Reza Miremadi
|Method of controlling the extinction ratio of a laser
|Nov 10, 2003
|Sep 30, 2004
|Seo Ja Won
|Burst mode optical receiver considering characteristic of extinction ratio of received optical signal
|Feb 11, 2004
|Mar 17, 2005
|Krone Andrew W.
|Radio frequency low noise amplifier with automatic gain control
|Sep 10, 2004
|Mar 16, 2006
|Silicon Laboratories Inc.
|Low noise image reject mixer and method therefor
|Jul 22, 2008
|Jan 29, 2009
|Cho-Chun Huang
|Low noise amplifier
|Jun 30, 2011
|Jan 3, 2013
|Jens Kristian Poulsen
|Low-noise microphone pre-amplifier with active load element
|Mar 11, 2012
|May 23, 2013
|Chandra Khandavalli
|Analog Pre-distortion Linearizer
|Jul 28, 2004
|Jun 8, 2011
|Dual signal RF power level detector
|Nov 29, 2013
|Jun 3, 2015
|Alcatel Lucent
|Apparatuses and methods for reducing electro-thermal memory effects for power amplifiers
|Apr 8, 1992
|Dec 10, 1992
|Motorola, Inc.
|Power control circuitry for achieving wide dynamic range in a transmitter
|Nov 20, 1997
|Jun 11, 1998
|Ericsson Inc.
|Dynamic biasing circuit for amplifiers
|Aug 6, 1999
|Mar 16, 2000
|Triquint Semiconductor, Inc.
|Rf power amplifier with variable bias current
|Jul 6, 2000
|Mar 15, 2001
|Motorola, Inc.
|High efficiency power amplifier
|Mar 25, 2002
|Oct 17, 2002
|Qualcomm Incorporated
|Bias adjustment for power amplifier
|U.S. Classification
|330/296, 455/127.3
|International Classification
|Cooperative Classification
|European Classification


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United States District Court, N.D. Illinois, Eastern Division
December 14, 2005.
ELAINE L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff,
MICHAEL LINDER, et al., Defendants.
The Secretary of Labor has sued various individuals,
enterprises, and funds the funds, we are told, are nominal
parties. Defendant Brian Diskin has now moved to dismiss Count
XIII. That motion is denied.
Plaintiff alleges that Diskin was a Plan trustee of the Local
380 Retirement Plan, authorized to take any action he deemed
necessary for the protection of plan assets. The Plan invested in
a fund managed by Gartmore Trust Company (Gartmore), and Gartmore
paid fees to a third party plan administrator and plan
consultant, Joseph/Anthony & Associates, Inc. (JAA), in breach of
JAA's fiduciary obligations and contrary to the interests of the
Plan. Diskin allegedly knew about it and did nothing.
Diskin's motion contends that the claim is barred by the
six-year limitations provision, that it fails to allege the fees
were unlawful, that it fails to state specific statutory
violations, and that it fails to claim a harm to the Plan. The
complaint does state that the Plan invested in the Gartmore fund
on March 2, 1998, more than six years before suit commenced, but
the claim is not that the investment is actionable but that the
payment of fees to JAA is and we cannot tell from the complaint
when and on how many occasions that happened. The other three
grounds can be treated together. The Secretary, pursuant to
29 U.S.C. § 1132, may seek relief under 29 U.S.C. § 1109 for breaches of fiduciary duty. She
charges that JAA got kickbacks and Diskin knew about it but did
nothing. That is all she need allege.
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Connecting Concepts: Biotechnology
This simulation/tutorial is completed in three stages. In the first stage, students work with a mentor to create a genetically modified crop plant. Students will: 1) explain the relationship between phenotype and genotype in the context of a biochemical pathway; and 2) analyze the effect of a rate-determining step on the overall productivity of a pathway. In stage 2, students find and analyze the sequence of the G-TMT (ƒ×-tocopherol methyltransferase) gene in a simulated version of a... More
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Date Modified in MERLOT: April 25, 2013
Submitter: Michelle Capes
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decided: October 16, 1974.
STAMBAUGH, APPELLANT,v.STAMBAUGH. STAMBAUGH V. STAMBAUGH, APPELLANT
Appeals from order of Superior Court, Oct. T., 1972, No. 745, affirming decree of Court of Common Pleas of Delaware County, No. 12855 of 1966, in case of Esther S. Stambaugh v. J. H. William Stambaugh.
Garland D. Cherry, with him John W. Nilon, Jr., and Kassab, Cherry & Archbold, for appellant at No. 178, and appellee at No. 179.
Harold Cramer, with him Richard B. Schiro, and Mesirov, Gelman, Jaffe & Levin, for appellant at No. 179, and appellee at No. 178.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy and Manderino, JJ. Opinion by Mr. Justice Manderino. Mr. Justice Nix took no part in the consideration or decision of this case. Dissenting Opinion by Mr. Justice Roberts.
[ 458 Pa. Page 149]
Esther S. Stambaugh and J. H. William Stambaugh were married in 1935 and resided in Delaware County, Pennsylvania, until they separated on July 13, 1966. About three months after the separation, on October 18, 1966, the wife commenced an action in Delaware County requesting a decree of divorce from bed and
[ 458 Pa. Page 150]
board. That action was still pending when the husband, who had moved to Florida in 1966, commenced an action in Florida on February 20, 1969, requesting a divorce from the bond of matrimony. On March 14, 1969, the Pennsylvania court in which the wife's action was pending, entered an order enjoining the husband from proceeding with his action for divorce in Florida and further enjoined the husband from proceeding with any action in any other jurisdiction. The Florida action continued, nonetheless, and on June 26, 1969, a final decree of divorce was entered in Florida. Subsequently, the wife's Pennsylvania action was concluded and on March 21, 1972, the Pennsylvania court entered a final decree (1) declaring that the marriage contract was not affected by the Florida divorce decree, (2) granting the wife a divorce from bed and board, (3) awarding alimony pendente lite of four hundred fifty dollars per week, effective March 6, 1970, and (4) awarding permanent alimony of three hundred seventy-five dollars per week effective at the termination of the award for alimony pendente lite.
Both parties appealed to the Superior Court. That court unanimously held that the husband's Florida divorce decree was entitled to full faith and credit since the husband was domiciled in Florida. It therefore ordered a modification of that portion of the final decree declaring that the marriage contract was not affected by the Florida decree. The Superior Court, however, was divided on whether the wife was entitled to alimony. Stambaugh v. Stambaugh, 222 Pa. Superior Ct. 360, 294 A.2d 817 (1972) (Judge Hoffman dissenting, joined by Judges Jacobs and Cercone). Both parties filed petitions for allowance of appeal which were granted by this Court.
The first issue raised in these appeals is whether Pennsylvania should give full faith and credit to the Florida divorce decree. We conclude that it must and,
[ 458 Pa. Page 151]
therefore, affirm the Superior Court order as to that issue.
It is well established that once Florida has granted a divorce decree that decree is presumptively valid in this jurisdiction. Esenwein v. Commonwealth ex rel. Esenwein, 325 U.S. 279, 89 L.Ed. 1608, 65 S. Ct. 1118 (1945); Williams v. North Carolina (II), 325 U.S. 226, 89 L.Ed 1577, 65 S. Ct. 1092 (1945). Such a decree is "a conclusive adjudication of everything involved therein except the jurisdictional facts on which it is founded . . .," Commonwealth ex rel. McVay v. McVay, 383 Pa. 70, 73, 118 A.2d 144, 146 (1955), and bona fide domicile is the essential jurisdictional fact necessary to give any decree extraterritorial effect. See Williams v. North Carolina (I), 317 U.S. 287, 297-98, 87 L.Ed 279, 285-86, 63 S. Ct. 207, 212-13 (1942); Commonwealth ex rel. McVay v. McVay, supra; Commonwealth ex rel. Meth v. Meth, 156 Pa. Superior Ct. 632, 41 A.2d 752 (1945). Additionally "the burden rests heavily" upon the party attacking the decree to show that jurisdiction was in fact lacking. Williams v. North Carolina (II), 325 U.S. 226, 233, 89 L.Ed. 1577, 1584, 65 S. Ct. 1092, 1097 (1945). See Commonwealth ex rel. Lorusso v. Lorusso, 189 Pa. Superior Ct. 403, 150 A.2d 370 (1959); Commonwealth v. Petrosky, 168 Pa. Superior Ct. 232, 77 A.2d 647 (1951); Commonwealth ex rel. Meth v. Meth, 156 Pa. Superior Ct. 632, 41 A.2d 752 (1945).
Here the trial court found that the husband had not established a valid domicile in Florida and therefore his Florida decree was not entitled to full faith and credit. The Superior Court unanimously reversed that determination. The wife asserts that since the trial court found that her husband was not a Florida domiciliary, the Superior Court was powerless to alter that finding of fact. The issue of domicile, however, is a mixed question of law and fact reviewable by an appellate court. In Dorrance's Estate, 309 Pa. 151, 156, 163
[ 458 Pa. Page 152]
A. 303, 304 (1932), this Court held: "The determination of . . . domicile . . . is a conclusion of law, based upon facts, most of which are undisputed. Furthermore . . . where a finding of fact is simply a deduction from other facts reported by the tribunal under review, and the ultimate fact in question is purely the result of reasoning, we are competent to judge of its correctness and will draw our own conclusions from the facts as reported." Accord, Smith v. Smith, 364 Pa. 1, 70 A.2d 630 (1950).
The record establishes that the husband, upon moving to Florida, purchased a home there and resided in Florida for about two years before instituting his divorce action. He registered his automobile in Florida and enrolled himself as a voter there. He also opened a bank account in Florida, joined a church and several civic organizations, and paid Florida taxes. Apparently because his business remained in Philadelphia the husband found it necessary to retain certain contacts in Pennsylvania. Consequently he maintained a personal checking account in Philadelphia, filed his personal federal income tax return from Philadelphia, and maintained various charge accounts and club memberships in Philadelphia. After securing his divorce decree in Florida and remarrying he immediately leased an apartment for a one year term in Philadelphia, which he occupied when not in Florida. The evidence adduced was inconclusive regarding exactly how much time he actually spent in Pennsylvania and how much time he spent in Florida. Upon this evidence the Superior Court determined that the wife had failed to meet her burden of establishing that her husband was not a Florida domiliciary.
The wife argues, however, that because the evidence indicates her husband was living in Pennsylvania a "substantial" part of the period in question he was not actually a valid domiliciary of Florida. It is well
[ 458 Pa. Page 153]
settled, though, that a person may maintain business interests outside the state of his domicile and in fact live outside of his domiciliary state as long as he possesses the requisite intention to return to that state. Smith v. Smith, 364 Pa. 1, 70 A.2d 630 (1950). In Smith, this Court was presented with a similar factual situation where the husband had many business interests outside of Florida, his adopted domicile, including some interests in Pennsylvania. He also spent about half of his time living outside of Florida. There, this Court held that such facts did not preclude a finding that the husband was a bona fide Florida domiciliary. We therefore agree with the Superior Court's determination that the husband was a bona fide domiciliary of Florida. Accordingly, the Florida divorce decree may not be denied full faith and credit because, here, valid domicile in the state rendering the decree, the essential jurisdictional prerequisite, was in fact present.
The wife also argues that Pennsylvania should deny full faith and credit to the Florida divorce decree since it was obtained by the husband after the issuance of an anti-suit injunction by the trial court which had personal jurisdiction over the husband. We cannot agree.
The only proper basis for denying full faith and credit to an out-of-state divorce decree is lack of jurisdiction. "A judgment in one State is conclusive upon the merits in every other State, . . . if the court of the first State . . . had jurisdiction . . . to render the judgment." (Emphasis added.) Williams v. North Carolina (II), 325 U.S. 226, 229, 89 L.Ed. 1577, 1581, 65 S. Ct. 1092, 1095 (1945); Commonwealth ex rel. McVay v. McVay, 383 Pa. 70, 73, 118 A.2d 144, 146 (1955). The jurisdiction of a state to enter a divorce decree is dependent solely upon the domicile of one spouse. Williams v. North Carolina (I), 317 U.S. 287, 87 L.Ed. 279, 63 S. Ct. 207 (1942); Williams v. North Carolina (II), supra;
[ 458 Pa. Page 154]
we reversed a contempt citation against a spouse who had proceeded with a divorce action and obtained a valid divorce decree in Arkansas after the issuance of a Pennsylvania anti-suit injunction. In Wallace v. Wallace, 371 Pa. 404, 411, 89 A.2d 769, 772 (1952), we reversed an injunction, and gave full faith and credit to a Florida divorce decree, saying: "The record shows that not only was defendant capable of establishing a domicile in Florida but also that he did in fact establish it there. The Florida divorce decree was, therefore, valid and this bill in equity must be dismissed."
Although we have in some cases upheld the validity of anti-suit injunctions, we have done so only in cases where there was no claim before the Court that the enjoined spouse was an out-of-state domiciliary. See Wenz v. Wenz, 400 Pa. 397, 162 A.2d 376 (1960); Rothman v. Rothman, 425 Pa. 406, 228 A.2d 899 (1967); Linett v. Linett, 434 Pa. 441, 254 A.2d 7 (1969). In the case before us, the enjoined husband was an out-of-state domiciliary. The anti-suit injunction, therefore, should not have been granted and its issuance is not a proper basis for denying full faith and credit to the Florida divorce decree.
The next issue is whether the wife is entitled to permanent alimony. Although the Florida decree is entitled to full faith and credit, and is effective as to the marital status of the parties because the husband was a domiciliary of Florida, it is not controlling on the alimony issue since Florida did not have in personam jurisdiction over the wife. "The result in this situation is to make the divorce divisible -- to give effect to the Nevada decree insofar as it affects marital status and to make it ineffective on the issue of alimony. It accomomdates the interests of both Nevada and New York in this broken marriage by restricting each State to the matters of her dominant concern." Estin v. Estin, 334 U.S. 541, 549, 92 L.Ed. 1561, 1569,
[ 458 Pa. Page 15668]
S. Ct. 1213, 1218 (1948). Accord, Kreiger v. Kreiger, 334 U.S. 555, 92 L.Ed. 1572, 68 S. Ct. 1221 (1948); Armstrong v. Armstrong, 350 U.S. 568, 100 L.Ed. 705, 76 S. Ct. 629 (1956); Vanderbilt v. Vanderbilt, 354 U.S. 416, 1 L.Ed.2d 1456, 77 S. Ct. 1360 (1957).
The Florida decree is thus ineffective on the issue of permanent alimony. It does not follow, however, that the wife is entitled to such alimony. The Restatement of Conflicts Second § 77, comment f. states: "Although full faith and credit does not bar a wife from seeking support from a husband who has previously obtained an ex parte divorce, she may nevertheless be unable to obtain such relief. This is because a valid divorce decree severs the marital relationship and the local law of some States makes no provision for requiring an ex-husband to support an ex-wife." (Emphasis added.)
The law of Pennsylvania does not provide for an award of permanent alimony after a divorce from the bond of matrimony. Hooks v. Hooks, 123 Pa. Superior Ct. 507, 187 A. 245 (1936); Commonwealth ex rel. Branch v. Branch, 175 Pa. Superior Ct. 373, 104 A.2d 183 (1954); Commonwealth ex rel. McCormack v. McCormack, 164 Pa. Superior Ct. 553, 67 A.2d 603 (1949); Commonwealth v. Kurniker, 96 Pa. Superior Ct. 553 (1929); Commonwealth v. Parker, 59 Pa. Superior Ct. 74 (1915); see, The Divorce Law, Act of May 2, 1929, P. L. 1237, § 10 et seq., as amended, 23 P.S. § 10 et seq. See also, Gershman v. Finck, 454 F.2d 229 (4th Cir. 1971).
In Commonwealth ex rel. Esenwein v. Esenwein, 348 Pa. 455, 35 A.2d 335 (1944), this Court said that a husband was entitled to a revocation of a Pennsylvania alimony award if he had obtained a valid Nevada divorce. More recently, in Commonwealth ex rel. McVay v. McVay, 383 Pa. 70, 72, 118 A.2d 144, 146 (1955), we said that if the full faith and credit clause "requires
[ 458 Pa. Page 157]
that the Nevada divorce be recognized in this Commonwealth [the husband's] obligation to support his wife ceased automatically when the divorce was granted. . . ." Although in both Esenwein and McVay, we held that the Nevada decrees were invalid on jurisdictional grounds, we recognized and restated the long-established law of Pennsylvania that a permanent alimony award is improper following a divorce from the bond of matrimony. Even in cases involving a spouse's property rights, other than alimony, we have held that a valid divorce decree of another state has the same effect as a valid Pennsylvania divorce decree on the property rights of a spouse. In March Estate, 426 Pa. 364, 231 A.2d 168 (1967), a Pennsylvania widow filed an election to take against her husband's will. The issue was whether the widow's property rights had been terminated following a valid ex parte Nevada divorce decree. We held, citing our decisions in McVay and Esenwein, that the widow's property rights were terminated under Pennsylvania law.
Estin v. Estin, supra, permitted the State of New York to award permanent alimony even though another state had validly granted an ex parte divorce. Estin, however, did so only after finding that the substantive law of New York provided for permanent alimony after a divorce from the bond of matrimony. Estin did not sanction a state policy on permanent alimony which treats out-of-state ex parte divorces differently from divorces granted in-state. Estin said ". . . it will be time enough to consider the effect of any discrimination shown to out-of-state ex parte divorces when a State makes that its policy." 334 U.S. 541, 549, 92 L.Ed. 1561, 1569, 68 S. Ct. 1213, 1219 (1948). Pennsylvania, which permits in-state ex parte divorces, has not adopted any policy of discrimination against out-of-state ex parte divorces. Nixon v. Nixon, 329 Pa. 256, 198 A. 154 (1938). Pa. R. C. P. 1124. The Pennsylvania divorce
[ 458 Pa. Page 158]
law does not provide for alimony following any divorce from the bond of matrimony, except in cases of insanity. The Divorce Law, Act of May 2, 1929, P. L. 1237, § 45, as amended, 23 P.S. § 45. If any changes are to be made in Pennsylvania's divorce law, such change must be made by the legislature.
Although the decree in this case erroneously awarded permanent alimony, the decree properly permitted alimony pendente lite. Such alimony is permitted in Pennsylvania. The Divorce Law, Act of May 2, 1929, P. L. 1237, § 46, as amended 23 P.S. § 46. The trial court's award of alimony pendente lite is therefore affirmed. Commonwealth v. Callen, 165 Pa. Superior Ct. 163, 67 A.2d 610 (1949). Scholl v. Scholl, 154 Pa. Superior Ct. 57, 35 A.2d 528 (1944); Foust v. Foust, 144 Pa. Superior Ct. 513, 19 A.2d 517 (1941); White v. White, 106 Pa. Superior Ct. 85, 161 A. 464 (1932).
That portion of the order of the Superior Court modifying the trial court's decree as to the termination of the marriage contract is affirmed. That portion of the Superior Court's order affirming the trial court's grant of alimony pendente lite is also affirmed. In all other respects the order of the Superior Court is reversed.
Order of Superior Court reversed in part and affirmed in part.
Dissenting Opinion by Mr. Justice Roberts:
Mrs. Stambaugh is denied her right to permanent alimony solely on account of the majority's adherence to a conceptualization unrelated to the particular and exceptional facts of this case. Because no attempt is made to view functionally the relationship of the parties and the parties' (especially Mr. Stambaugh's) conduct, I dissent.
Although correctly holding that Mr. Stambaugh's ex parte Florida divorce is "ineffective on the issue of
[ 458 Pa. Page 159]
permanent alimony," the majority mistakenly relies on the general rule of Pennsylvania substantive law that a divorce from the bonds of matrimony terminates any right to support. The majority errs by not adequately considering the effect of Mr. Stambaugh's disobedience of a valid and final anti-suit injunction obtained by Mrs. Stambaugh, enjoining him from prosecuting a divorce in a state other than Pennsylvania.
To reach its result, the majority is forced to utilize the overly-broad language of Smith v. Smith, 364 Pa. 1, 4, 70 A.2d 630, 632 (1950): "Since equity has no power to restrain a person from obtaining a lawful divorce, it follows that an injunction may only be granted where the spouse has not established a bona fide domicile in the state in which the divorce is sought." Although this articulation has been used on other occasions, e.g., Monihan v. Monihan, 438 Pa. 380, 382, 264 A.2d 653, 653 (1970),*fn1 it is predicated on a fundamental misunderstanding of the powers of a court of equity.*fn2
[ 458 Pa. Page 160]
A court of equity plainly has the power to restrain a person from prosecuting a suit in another state (though it be lawful to do so in that state), if the enjoining court has jurisdiction over the person to be enjoined and if the foreign prosecution will offend a policy of the enjoining state. This much was recognized by the Supreme Court of the United States as long ago as 1877. "Dehon v. Foster, 4 Allen, 545, is the leading case upon the subject, argued by eminent counsel on both sides, and decided upon great consideration. The Supreme Judicial Court of Massachusetts, speaking through Bigelow, C. J., points out that the jurisdiction of a court, as a court of chancery, to restrain persons within its jurisdiction from prosecuting suits, upon a proper case made, either in the courts of Massachusetts or in other States or foreign countries, rests on the clear authority vested in courts of equity over persons within the limits of their jurisdiction and amenable to process, to stay acts contrary to equity and good conscience; and that, as the decree of the court in such cases is directed solely at the party, it is wholly immaterial that such party is prosecuting his action in the courts of another state or country." Cole v. Cunningham, 133 U.S. 107, 124, 10 S. Ct. 269, 275 (1890). And this rule applies to injunctions designed to halt
[ 458 Pa. Page 161]
the prosecution of a divorce in another jurisdiction. See, e.g., Linett v. Linett, 434 Pa. 441, 444-45, 254 A.2d 7, 9 (1969); Rothman v. Rothman, 425 Pa. 406, 408, 228 A.2d 899, 901 (1967); Wenz. v. Wenz, 400 Pa. 397, 399, 162 A.2d 376, 377 (1960). See also James v. Grand Trunk Western R.R., 14 Ill.2d 356, 152 N.E.2d 858, cert. denied, 358 U.S. 915, 79 S. Ct. 288 (1958); Hammer v. Hammer, 303 N.Y. 481, 104 N.E.2d 864 (1952); Garvin v. Garvin, 302 N.Y. 96, 96 N.E.2d 721 (1951).
The unnecessarily broad language of Smith v. Smith, 364 Pa. at 4, 70 A.2d at 632, is also based on a misreading of Williams v. North Carolina, 317 U.S. 287, 63 S. Ct. 207 (1942) (Williams I). That case did not pass on whether an anti-suit injunction was constitutional. Cole v. Cunningham, 133 U.S. 107, 10 S. Ct. 269 (1890), had decided that question long before; under Cole, an anti-suit injunction violates neither the full faith and credit clause nor the privileges and immunities clause of the United States Constitution.
Williams I has relevance to the situation presented by a disobedience of an anti-suit injunction only because it restricts what sanctions a court may impose on the party who violates the court's injunction. According to the rule in Williams I, the enjoining state may not deny a foreign divorce full faith and credit if the spouse who obtained the divorce was a bona fide domiliciary of the foreign state. And this rule is even more limited. The United States Supreme Court has repeatedly held that a divorce valid under the law of a sister state is entitled to full faith and credit only as it speaks to marital status; it is not binding on the issue of alimony. Estin v. Estin, 334 U.S. 541, 549, 68 S. Ct. 1213, 1218 (1948) (recognizing divisible divorces). Accord, Vanderbilt v. Vanderbilt, 354 U.S. 416, 77 S. Ct. 1360 (1957); Armstrong v. Armstrong,
[ 458 Pa. Page 162350]
U.S. 568, 76 S. Ct. 629 (1956); Kreiger v. Kreiger, 334 U.S. 555, 68 S. Ct. 1221 (1948).
So, it can be seen that the majority's reliance on Smith v. Smith produces a decidedly anomalous result. If an anti-suit injunction is proper only when a spouse is not a valid domiciliary of a sister state, Smith v. Smith, and if an ex parte divorce decree need not be given full faith and credit if the spouse is not a domiciliary of the sister state, Williams I, then obtaining an anti-suit injunction is a meaningless gesture. There is little reason for an anti-suit injunction if the spouse's ex parte divorce is in any event not entitled to full faith and credit because it is invalid in the jurisdiction granting the divorce.
The logical, realistic, and reasonable rule is that once personal jurisdiction over a party is obtained, an anti-suit injunction, if warranted, may validly issue. Or, as Mr. Justice O'Brien succinctly stated for this Court in Rothman v. Rothman, 425 Pa. 406, 228 A.2d 899 (1967): "Inasmuch as appellant [the enjoined spouse] had submitted himself to the jurisdiction of the court in the previous actions, its decree in the equity action [i.e., issuance of an anti-suit injunction] may properly bind him." Id. at 409, 228 A.2d at 901. See also Linett v. Linett, 434 Pa. 441, 254 A.2d 7 (1969); Wenz v. Wenz, 400 Pa. 397, 162 A.2d 376 (1960). In short, an anti-suit injunction may issue even if the party to be enjoined is a bona fide domiciliary of a sister state.
It must also be noted that the Legislature foresaw that anti-suit injunctions may be necessary and specifically empowered our courts in matrimonial causes to issue such injunctions. "In all matrimonial causes the court shall have full equity power and jurisdiction, and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this act, and may grant such other
[ 458 Pa. Page 163]
relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." Act of May 2, 1929, P.L. 1237, § 55, as amended, 23 P.S. § 55(2) (Supp. 1974).
Two elements then are necessary for the valid issuance of an anti-suit injunction: jurisdiction over the party to be enjoined and a proper set of justifying facts. In the instant case, both elements are present.
As for jurisdiction, the majority does not question, as it could not, Pennsylvania's jurisdiction over Mr. Stambaugh. The record shows that although he was no longer residing in this state when his wife commenced her divorce suit in 1966, Mr. Stambaugh entered a general appearance through his attorney and filed an answer on the merits contesting the divorce. "A state has power to exercise judicial jurisdiction over an individual who enters an appearance as defendant in the action." Restatement (Second) of Conflicts of Laws § 33 (1971). Our cases are in accord that once a party enters a general appearance, he waives all objections to in personam jurisdiction. E.g., Morell Estate, 426 Pa. 528, 532, 233 A.2d 522, 524 (1967); C.E. Williams Co. v. Henry B. Pancoast Co., 412 Pa. 166, 169, 194 A.2d 189, 190 (1963). The rationale for this rule is that the "individual's voluntary participation as a party in an action makes it reasonable for the state to exercise jurisdiction over him in that action." Restatement (Second) of Conflict of Laws § 33, comment a at 136 (1971).
Thus, the Pennsylvania court which entered the injunction against Mr. Stambaugh had in personam jurisdiction over him. And once personal jurisdiction attaches, this "jurisdiction continues throughout all subsequent proceedings which arise out of the original cause of action." Id. § 26.
[ 458 Pa. Page 164]
The facts and circumstances, considered as a whole, demonstrate that a case has been made out for the issuance of the anti-suit injunction. First, Pennsylvania's contacts with the marriage are substantial. The parties were married in Pennsylvania in 1935, and lived together in Delaware County until 1966. Mrs. Stambaugh presently lives here. Although Mr. Stambaugh now resides in Florida, he maintains considerable contacts with Pennsylvania. For instance, since he moved to Florida, Mr. Stambaugh continues to remain active in the operations of his Philadelphia-based real estate firm.
Second, Pennsylvania obtained jurisdiction over this controversy almost three years prior to Mr. Stambaugh's filing for his ex parte Florida divorce. And the court had personal jurisdiction over both parties. It is well settled that a court "'"may restrain a party from prosecuting a subsequent suit in another jurisdiction, whether the objects of the two suits are the same or not, if the effect of the second suit is to withdraw from the court first acquiring jurisdiction a part of the subject-matter of the first suit."'" Wenz v. Wenz, 400 Pa. at 399, 162 A.2d at 377 (quoting Trees v. Glenn, 319 Pa. 487, 490-91, 181 A. 579, 580 (1935)).
Third, Pennsylvania has a substantial interest in providing Mrs. Stambaugh with her day in court on the question of permanent alimony. Mr. Stambaugh's Florida divorce was ex parte, and that court never obtained the in personam jurisdiction necessary to adjudicate Mrs. Stambaugh's personal rights. Ensuring that domiciliaries of this Commonwealth receive due process of law is a weighty consideration in deciding to issue an anti-suit injunction.
True, Mr. Stambaugh is a bona fide domiciliary of Florida. If the party to be enjoined is not a bona fide domiciliary of another state, certainly a much stronger case for an anti-suit injunction is presented. But this
[ 458 Pa. Page 165]
fact is not determinative on the question whether an anti-suit injunction may validly issue. Rather, it is a factor to be weighed with all the others.
In light of all these facts, the trial court exercised its discretion and enjoined Mr. Stambaugh, a party before it, from prosecuting a divorce in another state. Despite timely notice of the hearing on this injunction, Mr. Stambaugh chose not to appear personally to contest it.*fn3 After the injunction was issued and became final, he never sought to have it amended or vacated. He took no appeal from the trial court's decree.
Instead, Mr. Stambaugh ignored the injunction. He disobeyed it by prosecuting his divorce in Florida.
[ 458 Pa. Page 166]
Having obtained an exparte foreign divorce in violation of a proper injunction, only then did Mr. Stambaugh return to Pennsylvania and attempt to secure from the court, whose decree he defied, the benefits of his contumacious conduct. He challenges the award of permanent alimony to Mrs. Stambaugh on the ground that the Florida decree terminates all her rights to this support even though this was not, and could not have been, decided by Florida. And the majority upholds this challenge and approves his contumacious conduct. I cannot agree.
Because Mr. Stambaugh was a bona fide domiciliary of Florida, his ex parte divorce is entitled to full faith and credit on the issue of marital status. Usually in this Commonwealth a final decree of divorce terminates the duty of the husband to pay either support or alimony to his wife. E.g., Commonwealth ex rel. McVay v. McVay, 383 Pa. 70, 118 A.2d 144 (1955); Commonwealth ex rel. Esenwien v. Esenwein, 348 Pa. 455, 35 A.2d 335 (1944), aff'd sub. nom. Esenwein v. Pennsylvania ex rel. Esenwein, 325 U.S. 279, 65 S. Ct. 1118 (1945); Commonwealth ex rel. Lorusso v. Lorusso, 189 Pa. Superior Ct. 403, 150 A.2d 370 (1959).
But this is not the usual case. Whether a wife's potential right to permanent alimony can be terminated by an ex parte foreign divorce obtained by her husband in violation of a lawfully-issued anti-suit injunction is a unique question.
In my view, Mr. Stambaugh's contumacious conduct should estop him from asserting the existence of his ex parte Florida divorce on the issue of alimony. The situation is as if for the purposes of alimony the divorce did not exist.
By refusing to permit Mr. Stambaugh to profit by his contumacious conduct, Pennsylvania accommodates the competing interests of federalism and this Commonwealth's policies. The full faith and credit clause is
[ 458 Pa. Page 167]
not violated because the Florida divorce is recognized as to marital status. Estin v. Estin, 334 U.S. 541, 68 S. Ct. 1213 (1948). The legislative provision that there is no alimony after a valid divorce from the bonds of matrimony is not offended, because Mr. Stambaugh's contumacious behavior makes non-existent, for purposes of alimony, the Florida ex parte divorce. The process and integrity of our judicial system is preserved by not allowing one who flouts valid and final orders of our courts from obtaining the benefits of his contumacious conduct. Mrs. Stambaugh's due process right to a hearing on the issue of her right to support is vindicated.
However, the majority in effect gives more than full faith and credit to the Florida ex parte divorce decree. Nothing in the full faith and credit clause requires Pennsylvania to allow Mr. Stambaugh's contumacious conduct to cut off his wife's right to support.
*fn1 See also Wallace v. Wallace, 371 Pa. 404, 89 A.2d 769 (1952). That case is distinguishable. There, the injunction was issued after the husband had already obtained a foreign divorce. The decree entered enjoined the husband "from doing anything in Pennsylvania to affect [the wife's] marital status or her property rights incident to that relationship." Id. at 407, 89 A.2d at 770.
Although the parties were married in Pennsylvania, they moved immediately to Florida. They lived together there until the wife left the husband and returned to Pennsylvania. This Court had no problem in concluding that the husband was a bona fide domiciliary of Florida. Having concluded that, the Court was required under Williams v. North Carolina, 317 U.S. 287, 63 S. Ct. 207 (1942), to recognize the Florida divorce on the issue of marital status.
In Knaus v. Knaus, the reason the order committing appellant to jail until he purged himself of contempt was reversed had nothing to do with whether he was or was not a bona fide domiciliary of another state. Rather, that case rested on the ground that one cannot be imprisoned until he purges himself of contempt by doing "something which is apparently beyond his power to do . . . ." 387 Pa. at 380, 127 A.2d at 674.
"(2) by leaving a copy for or mailing a copy to him at the residence or place of business of the party or the address of the party's attorney of record, . . .". (Emphasis added.) See also Pa. R. Civ. P. 233. Because this petition for a restraining order was ancillary to the original complaint in divorce the requirement of the first part of the rule was met. See Rothman v. Rothman, 425 Pa. at 409, 228 A.2d at 901 (Roberts, J., concurring). Further, Mrs. Stambaugh complied completely with the second part of the Rule by mailing a copy of her petition to her husband's counsel's office. Mr. Stambaugh therefore was given all the notice required by the Rule.
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Nutrition Utilities y
- Iron Intake Calculator
- Protein Intake Calculator
- Calories in Indian Foods
- Daily Calorie Counter for Indian Food
- Daily Calorie Requirement for Age and Lifestyle
- Cholesterol Level Counter
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- Fat Content in Vegetable Oil / Ghee / Cooking Oil
Recommended Daily Fiber Intake | Fiber in Diet calculator
Do you know that the recommended daily fiber intake for older children, adolescents and adults is 20 to 35 grams? High fiber diet can reduce constipation, risk of heart disease, risk of certain cancers and risk of diabetes. Generally fast food has low fiber content so, eat a lot of fresh salad along with chicken hot dogs and burgers.
Recommended Daily Fiber Intake is an interactive online diet calculator that helps calculate your daily fiber intake and the amount of fiber in your daily diet. Check out the list of high fiber foods and plan a healthy diet.
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The Neighbour's Pools
Posted by Blazer May 15, 2013
Posted in DAZ | Poser | Carrara, Scenes & Props
There might not have been enough money for a trip or vacation, let alone a cottage by the lake, but if a family 'scrimped' and saved, somehow, someway, that backyard would eventually get a new pool. Be it in-ground or above-ground, there's something fun about sun and water. The Neighbour's Pools offers 2 pool types for your backyard renders. The Above-ground can be placed just about anywhere, the in-ground pool can be placed in the center yard very easily. It can also be added and moved to the left backyard. There are MAT pose files that transmaps the required 'hole' into the existing grass terrain allowing it to fit perfectly into the yard. The readme provides additional instructions to do this. The pool set includes a plastic A-Frame step ladder for the Above ground pool. There is also a diving board and chrome deep-end grab steps for the in-ground pool. There is an additional "pool-surround" ground prop that can help provide additional area for the in-ground pool deck.
The Neighbour's Pools was sized and designed for the Neighbour's Yard, but is a standalone product that can work on its own as well.


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Is this restaurant good for bar scene?
Does this restaurant offer highchairs for toddlers?
Is this restaurant good for breakfast?
Is this restaurant good for dinner?
Is this restaurant good for lunch?
Is this primarily a bakery?
Thanks for helping!
Faultless dinner with excellent service. The menu was varied and innovative choices. Bonus of serving craft beer from Costa Rica.
Had both good nad bad food experiences here at dinner and breakfast. My tip is order as soon as they bring the water around or you may wait a while. Good wine list nad cocktails. Duck was go to dish for dinner, pico for breakfast. Cocktails are great.
This place is truly a hidden gem in San Jose. The hotel is so old beautiful. The architecture is breathtaking. The food was delicious. The servers were a little slow but not a big deal.
This is one of the best dining experiences in San Jose. Traditional and elegant in both its decor and its cuisine. The table setting is very attractive. Food is beautifully prepared local dishes and international classics with a Costa Rican twist. The rabbit and Scallop with foe gras had super amazing flavor.
My husband and I had dinner here the last night of our stay in San Jose. The restaurant was elegant and formal without being stuffy. From the complimentary amuse bouche to dessert, everything was delicious. My husband had the chateaubriand with 3 sauces and I had the lamb shank. Both were very tender, moist and well seasoned. We shared a...
The environment, decor, etc. is special and so is the food. Go for a special occasion. The house is an old mansion.
For a romantic night out in a historic building this place is great (in the summer get a table in the courtyard).
The food is OK but not exceptional.
A beautiful place, world class elegant. Beautiful bar. Excellent French food and great service. The Hotel is also spectacular, very room is different with beautiful decor.
Grabno de Oro is like an Oasis located in an odd but interesting part of the San Jose, Paseo Colon as it is known is not the best place of San JOse, however they still are some of the most beautiful houses of the old capital, being Grano de Oro one of them. The architectural work done to the property...
Elegant setting, perfect service and fine food - at least as good as I have eaten anywhere. THE place to eat in San Jose.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.
Do they accept credit cards...if so, which ones?
Hours for lunch
Do they accept American Express for payment?
Is there a dress code ?
Is this restaurant open on Christmas Day for dinner?
See all questions


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TOP Best Move games for PS3 . Fitness, Sports, Action, Fight, Shooter, Zombie, 3D, Detective and Post Apocalyptic Game
Here is a comprehensive list of PS3 Fitness games, Sports games, Action games, Fight games, Shooter games, Zombie games, 3D games, Detective games and Post Apocalyptic Games. External links to move games for kids are also given in this article
1. De Blob 2 : In this game your task is to return color to a world where all the color has been stolen.
2. SOCOM 4: U.S. Navy Seals : This is one of the best shooter games until now. You need to effectively organize your squad to get the most from the special abilities of Navy seals.
3. Dance on Broadway: In this you get to sing too with on-screen lyrics.
4. Fitness games :
- EA Sports Active 2
- Zumba Fitness
5. Start the Party - It is a great way of getting kids some exercise. There are plenty of team play options that let the whole family get involved.
6. Sport games :
- ·Sports Champions
- Tiger Woods PGA Tour 11
- Brunswick Pro Bowling
7. Action games:
- The Sly Collection
- Toy Story 3 The Video Game
8. Fight Game : The Fight: Lights Out
9. Shooter Games:
- Killzone 3
- The Shoot
10. Zombie Games
- Splatterhouse
- Dead Rising 2
- Resident Evil 5
If you like to read more about each of these games, check this site1 or site2
Move game review
11. Post Apocalyptic Games
- Fallout 3
- Fallout New Vegas
- Borderlands
- Metro 2033
- Half-Life 2
- Left 4 Dead
- Resistance PS3 Exclusives
12. 3D games:
- Avatar
- Resident Evil 5
- G-Force for Playstation 3
- Invincible Tiger - The Legend of Han Tao
- Sly 3 - Honor Among Thieves in 3D
13: Detective Games:
- Heavy Rain
- LA Noire
- Condemned 2: Bloodshot
- Blue Toad Murder Files
wanna know more about the detective games? Meet the detective game expert here.
If you want to get some nice games for your kids, this site may be of interest for you.
Toy Story 3 - video
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How to avoid farting while pregnant: Tips for husbands for how to get over their pregnant wife's farting. Just for the fun of it, read this article.


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The loss of Eagles co-founder, Glenn Frey was devastating.
Longtime friend, and fellow musician, Vince Gill performed a touching tribute to Frey at The Grand Ole Opry just a few days after his death. Frey was battling health issues prior to his passing, but ultimately succumbed to complications from rheumatoid arthritis, acute ulcerative colitis, and pneumonia on January 18, 2015.
"Peaceful Easy Feeling" was the third single from the Eagles debut album, and remains one of the band's most popular songs. Frey sang the lead vocals on the original, making it the perfect tribute to his successful career.
Gill does a beautiful job honoring Frey's memory on the Ryman Auditorium stage. Filled with love and emotion he sings, "Peaceful Easy Feeling".
Watch Gill's emotional tribute to Frey below. Rest in peace, Glenn Frey.
I like the way your sparkling earrings lay,
Against your skin, it's so brown.
And I wanna sleep with you in the desert tonight
With a billion stars all around.
'Cause I got a peaceful easy feeling,
And I know you won't let me down
'cause I'm already standing on the ground.
And I found out a long time ago
What a woman can do to your soul.
Oh, but she can't take you anyway,
You don't already know how to go.
And I got a peaceful easy feeling,
And I know you won't let me down
'cause I'm already standing on the ground.
I get this feeling I may know you as a lover and a friend.
But this voice keeps whispering in my other ear,
Tells me I may never see you again.
'cause I get a peaceful easy feeling
And I know you won't let me down
'cause I'm already standing...
I'm already standing...
Yes, I'm already standing on the ground
Oh, oh
Interested in becoming a partner?
Contact us for more info.


text:
Maryland Charter Bus
Be the first to suggest a tag
Chesapeake Charter
Address: 424 Broadneck Road Annapolis, MD 21409
Phone: (443) 214-3111
Email: email@example.com
Website: http://www.chesapeakecharter.net/
Chesapeake Charter is the premier charter bus rental company in Maryland. We provide charter bus transportation to D.C. , Atlantic City, field trips, and wedding transportation.
Chesapeake Charter is one of Maryland's most established charter bus rental companies. We are leading transportation experts for field trips, weddings, tours to DC, trips to Atlantic City and more. With over 35 years of experience, see why we are the leading bus company in Maryland.
uploaded 2 years ago by chesapeakecharter in Rumble, 1 views


text:
Big Brother Day 90 – Mo's Accusations
Mohamed accused Kathreya and Sara of talking about him today.
The paranoid 'Big Brother' housemate was adamant the pair were discussing him as they were swimming, and stormed into the house after telling them he knew what they were up to.
Sara and Kat were having a discussion – which was not about Mohamed – in the swimming pool when Sara decided they should at least attempt to do some exerice.
She said: "Let's do 10 more laps and then stop for another chat."
Kat agreed, and the pair merrily began swimming around the pool, with Sara shouting: "Come on Big Brother, make the pool warmer for us."
After their self-imposed exercise regime, the girls stopped again and settled down for another talk.
Suddenly, Mohamed flung open the living room door, popped his head through and began staring at them.
Kat said tentatively: "Hello?"
Mohamed replied: "I heard you two talking about me."
Sara replied: "No, we weren't speaking about anybody in the house."
Mohamed simply closed the door and said nothing.
Obviously amazed at his behaviour, Kat exclaimed: "How paranoid is the house?"


text:
The Meaning of SFF
You have found the definitive source for the meaning of SFF. This page contains all the definitions of SFF, crowd sourced, moderated and curated by real people who care about the true definitions of SFF.
The Top Definition of SFF
The most popular meaning of SFF is: So fucking funny
What Other Meanings of SFF Are There?
There are no other definitions for SFF at this time. Add your own definition of SFF.
What is SFF?
SFF is So fucking funny
SFF Means
The definition of SFF is "So fucking funny".
SFF Definition
The meaning of SFF
SFF means So fucking funny.
Now you understand the definition of SFF - SFF means "So fucking funny".
We're glad to be of assistance. Click here to thank us:
What does SFF mean? SFF is an acronym, abbreviation or slang word that is explained above. If you ever forget what SFF means, just come back to Slang.org and we'll define any acronym you need help with.


text:
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
Hello to all: LGBTIQ and straight supporters - I would like to invite you to edit some pages :-D Pitch in wherever you see a need. We have a great resource here but it is badly in need of updating. There are pages that have been imported from Wikipedia and are out of date, there are a mega-enormous amount of red Wikipedia links that could be de-linked. If there is a red link for an article you'd like to see a page for, feel free to start one and someone should eventually come around to improve it. Thank you in advance to anyone who reads this and wants to help out. -- DragonMage (talk) 19:07, November 27, 2014 (UTC)Read more >


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The best way to capture a wild, rampaging meal is to hook it with a gigantic pasta lasso. Test your throwin' arm with today's deal: for $9, you get $20 worth of pizza, pasta, paninis, and more at Brucci's. Your Groupon is redeemable for dine-in, take-out, or delivery (extra charge applies) at the Jacksonville, Ponte Vedra Beach, and Fruit Cove locations.
Brucci's large menu of authentic Italian fare is sure to whet the appetite of your neighborhood Pirandello scholar or anyone who's ever sampled Italian cuisine. Hand-tossed New York–style pizzas are served up by the slice (starting at $2.10) or by the pie (starting at $10.10), and traditional pastas are smothered to perfection in family-recipe sauces such as the ricotta-stuffed shells ($8.50) or the chicken parmesan ($9.85). Paninis are served on bread from local bread makers and include the Tuscan, with salami, provolone, roasted red pepper, red-onion tapenade, oil and vinegar, and black olives. Fresh-made salads result in dignified garden parties in the mouth. Stromboli and calzones (starting at $6.90), as well as tiramisu ($3.95), round out the menu.
The modern décor at each Brucci's features bold colors and open kitchens, and the friendly staff add to the lively atmosphere, evocative of the frenzied electrical undercurrent that ripples through Roma on the eve of a big football match or a Ferragamo-tassled-slipper release.
Reviews of Brucci's are mixed among diners, but they lean toward the positive. Brucci's Ponte Vedra Beach location gets four stars from nine Citysearchers and 3.5 stars from three Yelpers. Eighty-four percent of Urbanspooners recommend the Fruit Cove location.
- Brucci's is one of the rare finds we discovered on a recent trip to Ponte Vedra. Being a native New Yorker (and always complaining about the Pizza in the South) we were ecstatic after one bite of our pizza. – maryann6303, Citysearch
- I enjoy Brucci's in PVB. They have a friendly and relaxed environment with good food. I eat there at least once a week and have not tired of the food. – John G., Yelp
Brucci's Pizza
Though Brucci's Pizza owner Bruce Jackson was born in Syracuse, New York, his grandparents hail from Italy, and he grew up feasting on Italian recipes that had been passed down through generations. At his restaurant, the chefs follow the same timeworn recipes as his grandparents when dishing up Italian favorites with a New York–style flair. They whip up lasagna layered with meatballs and italian sausage, grill paninis, and hand-toss housemade dough for pizzas, strombolis, and calzones. Their specialty pies include the Brooklyn—topped with diced tomatoes and fresh basil—and the Syracuse Stuffer—laden with sausage, beef, pepperoni, and ham, as well as green peppers, onions, and mushrooms.
But Brucci's Pizza is more than just an eatery—it's also a gathering place. In addition to weekly specials, the three locations host regular events. The Ponte Vedra and Fruit Cove locations host a Monday kids' night, and the West Beaches location facilitates live music twice a week, played by bands that are not made up of animatronic rodents. The chefs also issue a standing challenge: if any guest can devour a double-thick, 16-inch Fuhgeddaboudit pizza—smothered in seven toppings and gobs of extra cheese—within an hour, it's on the house.
Customer Reviews
Fruit Cove
540 N State Rd. 13
St. Johns, Florida 32259-3873Get Directions
Palm Valley
880 N A1a
Ponte Vedra Beach, Florida 32082-3228Get Directions
Beach Haven
13500 Beach Blvd.
Jacksonville, Florida 32224-7219Get Directions


text: Back in the day I wrote about the 'dynamic initializers' problem. Basically, older versions of MSVC (up to 2012, not sure about 2013, seems better in 2015) had problems with static const floats that depended on other static const floats. Values were not calculated compile-time, there was actually a short function generated and it'd do it. The immediate problem is a code bloat (if our constant is placed in a global header), but the other potential issue stems from the fact that these 'dynamic initializer' functions respect the optimization settings (/fp:fast).


text:
Publishers Press
This week Julie Greenbaum highlights industry news from Publishers Press, SBR Technologies and Universal Color Graphics (UCG), Canon U.S.A. and Worzalla.
Publishers Press, a 150-plus-year-old printer, is closing down its plant in Shepherdsville, Ky., within the next year, transitioning all work and employees to its Lebanon Junction facility by Jan. 1, 2017, WDRB-TV reported. This move will, among other things, enable the company to invest in new equipment.
On the eve of Graph Expo, industry leaders will be inducted into Idealliance's Soderstrom Society during the Soderstrom Awards Dinner.
Battlefield Graphics has been chosen as Sappi North America's North American Printer of the Year for book on famed musical group.
This week Julie Greenbaum highlights industry news from Publishers Press; U.S. Government Publishing Office (GPO); Kelmscott Communications, Rider Dickerson, and The Buhl Press (and the formation of Fuse); Landa Corporation; and Messe Düsseldorf.
Nicholas (Nick) Simon, the president of Publishers Press and a 2003 inductee into the Printing Impressions/RIT Printing Industry Hall of Fame, passed away June 10 at the age of 57. He helped build his family business to a $180 million concern, with 1,400 employees and two plants. Nicholas Simon was involved in numerous charitable and civic endeavors, including the Crohn's & Colitis Foundation. He was also inducted into the Kentuckiana Business Hall of Fame.
Some two weeks after the board of directors of Idealliance and the board of trustees of Epicomm announced their approval of the plan of a merger, the members of Idealliance and Epicomm have voted overwhelmingly to approve the joining of their two industry associations, setting the stage for completion of the merger by July 1. "We are very gratified that our respective memberships agree wholeheartedly with our boards and numerous industry observers that this merger will be highly beneficial to both associations' members and to the industry at large," said David J. Steinhardt, Idealliance president and CEO, who will serve in the same capacity in the new organization.
In a joint announcement, the board of directors of Idealliance and the board of trustees of Epicomm have voted to recommend the merger of the two industry associations to their respective memberships. In separate meetings last week, the boards approved the merger and both associations will now present the merger proposal to a vote of their memberships according to the regulations of their respective bylaws. Voting is expected to be completed by the end of February.
A new slate of officers and five new directors have been announced by Idealliance. The newly elected chairman is Marriott Winchester.
Recently, an increase in printed magazines and catalogs matched with online media has been used to drive awareness of a brand.


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This is a full-time, seasonal position with potential to be full-time, permanent. We are a third party billing company that specializes in Physical Therapy....
Food Service Positions *Line Cook* *Food Service Ambassador* *Barista
T&T STAFFING - Murrieta, CA
T&T Staffing has immediate openings for the following positions: \*Line Cook\* \*Food Service Ambassador\* \*Barista\* These are temp or perm positions
Accounts Payable Clerk job in Riverside, CA
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The Accounts Payable job responsibilities include matching vendor invoices, coding, data entry, reconciling vendor statements, running AP aging, accruals at...
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Whether you are a new licensee or veteran of the New Home Industry, this is an opportunity you can't pass by!...
Full Time SLPA Job- Temporary Leave coverage
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SLPA Job- Full Time (Emergency Leave Coverage) Near Menifee, CA ProCare Therapy has an SLPA job is available in a school setting in the Menifee, CA area.
Hospitalist locum tenens shifts available in Southern CA
Soliant Health - Temecula, CA
No long term commitment is needed. Contact Nick Moon at 770-325-0353 or e-mail firstname.lastname@example.com. Locum tenens hospitalist physician job is available in...
CLS Generalist
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At Fusion Medical, we truly believe that as people taking care of people, together we can do anything. Blood Bank experience would great but not required....


text:
Freddie Mercury Birthday
CAT MUSHU - Google+
The way Maria wanted to be remembered when she learned that Organized Crime Smith an organization that her name invented had written her out was as WORLD PLANNER & to have you believe that she can change it at whim when she is called 1 life wonder.
Freddie Mercury - Easily one of the greatest rock voices of all time. -- Portrait - Music - Queen - Black and White Photography
Michael Jackson et Freddie Mercury
Freddy Mercury (1946 - 1991)
Freddie Mercury
On this day 5th September, 1946 the birth in Stone Town, Zanzibar of the British musician, singer and songwriter Freddie Mercury. As a songwriter, Mercury composed many hits for Queen, including 'Bohemian Rhapsody' 'Don't Stop Me Now' and 'We Are The Champions' He died of bronchopneumonia brought on by Aids on 24th November, 1991, only one day after publicly acknowledging he had the disease.
Freddie Mercury. I see you. More #music pics at www.freecomputerdesktopwallpaper.com/wmusicthree.shtml
07 November FamousFix profile for Kim Kardashian West including biography information, wikipedia facts, photos, galleries, news, youtube videos, quotes, posters, magazine covers, trailers, links, filmography, discography and trivia.
Freddy Mercury *---------------*


text:
My little Westie 'Alfie' just finished his juicy bone and is licking his lips!
By Dennis
He is adorable! I love Terriers, especially Scotties and Westies! I want to give him a big hug, he is so cute!
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!