Monday, April 23, 2007

custody - setting trial date w/in 180 days of filing

Dietrich v. Dietrich - Superior Court - April 20, 2007

http://www.courts.state.pa.us/OpPosting/Superior/out/S15041_07.pdf

The court held that, since a trial was not scheduled in this case within 180 days of the date the complaint was filed, as required by Pa. R.C.P 1915.4(b) http://www.pacode.com/secure/data/231/chapter1915/s1915.4.html, the order that resulted from a trial that took place more than 180 days after filing had to be vacated and the case remanded "to restore the immediately-preceding custody order....Either party may then file a petition to modify custody pursuant to Chapter 53" of the state domestic relations act, 23 Pa. CS, and Pa RCP 1915.4. Go figure.

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