CHOPLOSKY v. CHOPLOSKY


400 Pa.Super. 590 (1990)

584 A.2d 340

Victor John CHOPLOSKY, Appellant, v. Dianne CHOPLOSKY, Appellee.

Supreme Court of Pennsylvania.

Filed December 28, 1990.


Attorney(s) appearing for the Case

David Serchak, Tunkhannock, for appellant.

Judd B. Fitze, Dist. Atty., Tunkhannock, for Com., appellee.

Before OLSZEWSKI, KELLY and BROSKY, JJ.


KELLY, Judge:

In this appeal, we are called upon to determine whether a trial court may act to permanently modify a custody order without having before it a formal petition to modify filed by one of the parties. We find that it cannot and vacate.

The relevant facts and procedural history of this case may be summarized as follows. On April 11, 1984, Mr. and Mrs. Choplosky were divorced. Pursuant to the divorce, the parties agreed by a provision incorporated...

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