Givens v. Givens

Fayette County Court

Givens v. Givens

46 Pa. D. & C.3d 111, 1986 Pa. Dist. & Cnty. Dec. LEXIS 62

CourtPennsylvania Court of Common Pleas, Fayette County

DecidedJuly 8, 1986

Docketno. 346 of 1984

StatusPublished

This text of 46 Pa. D. & C.3d 111 (Givens v. Givens) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Fayette County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Givens v. Givens, 46 Pa. D. & C.3d 111, 1986 Pa. Dist. & Cnty. Dec. LEXIS 62 (Pa. Super. Ct. 1986).

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Opinion

FRANKS, J.,

The instant case comes before us on plaintiff’s praecipe to transmit the record under the Divorce Code of 1980, 23 P.S. § 101 et seq. On March 8, 1984, the complaint in the instant case was filed. It was never served. A praecipe to reinstate the complaint was filed on April 24, 1985. The reinstated complaint was served [112]*112on April 25, 1985. Affidavits of consent under section 201(c), 23 P.S. §201(c), were filed on June 6, 1986.

The question before us is one of first impression. The act does not provide whether the 90-day waiting period begins to run from the date of the original complaint or the date of the reinstated complaint.

We find it to be more in keeping with the act to utilize the date of the reinstated complaint as the beginning of the 90-day period. Because the affidavits of consent were filed prematurely in this case, we shall remand it to the prothonotary.

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FRANKS, J.,

The instant case comes before us on plaintiff’s praecipe to transmit the record under the Divorce Code of 1980, 23 P.S. § 101 et seq. On March 8, 1984, the complaint in the instant case was filed. It was never served. A praecipe to reinstate the complaint was filed on April 24, 1985. The reinstated complaint was served [112]*112on April 25, 1985. Affidavits of consent under section 201(c), 23 P.S. §201(c), were filed on June 6, 1986.

The question before us is one of first impression. The act does not provide whether the 90-day waiting period begins to run from the date of the original complaint or the date of the reinstated complaint.

We find it to be more in keeping with the act to utilize the date of the reinstated complaint as the beginning of the 90-day period. Because the affidavits of consent were filed prematurely in this case, we shall remand it to the prothonotary.

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Bluebook (online)

46 Pa. D. & C.3d 111, 1986 Pa. Dist. & Cnty. Dec. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/givens-v-givens-pactcomplfayett-1986.