Dugan, J. v. Greco, J. ( 2020 )

J-A04041-20
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37
JOHN DUGAN : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
v. :
:
:
JOSEPH A. GRECO :
:
: No. 1924 EDA 2019
Appeal from the Order Entered June 6, 2019
In the Court of Common Pleas of Chester County Civil Division at No(s):
2019-00302-DI
BEFORE: PANELLA, P.J., STRASSBURGER, J.* and COLINS, J.*
CONCURRING MEMORANDUM BY STRASSBURGER, J.:FILED MARCH 09, 2020
I join the Majority Memorandum. I write separately to emphasize that
this decision is not a holding that there could not be a same-sex common
law marriage prior to the abolition of common law marriage prospectively in
2005. In re Estate of Carter, 159 A.3d 970 (Pa. Super. 2017) holds
definitively to the contrary – there can indeed be a same-sex common law
marriage.
This case merely holds that Appellant, Dugan, has not met his heavy
burden of proving a common law marriage. Staudenmayer v.
Staudenmayer, 714 A.2d 1016 (Pa. 1998).
Judge Colins joins this concurring memorandum.
*Retired Senior Judge assigned to the Superior Court.