Lanza v. Simconis - Superior Court - December 19, 2006
http://www.courts.state.pa.us/OpPosting/Superior/out/a29001_06.pdf
Plaintiff/appellant filed a pro se PFA and trial court conducted a hearing under 23 Pa. C.S. 6107(b), at which defendant unexpectedly appeared and denied the allegations of abuse. The trial court denied the temporary order, stating that it was unable to determine credibility. The trial court did not set or conduct a final 10-day hearing on the merits under 23 Pa. C.S 6107(a).
The appellate court held that it was error not to hold a plenary final hearing within 10 days. Such a hearing is required by the statute, 23 Pa. C.S. 6107(a) ("a hearing shall be held") and by a PFA plaintiff's due process right to be heard at a meaningful time and in a meaningful manner, including the right to have counsel, to cross-examine defendant, and to present other witnesses and evidence.
