DETTINGER v. McCLEARY


438 Pa.Super. 300 (1994)

652 A.2d 383

Mark A. DETTINGER, Appellant v. Cheryl McCLEARY and Michael McCleary, Appellees.

Superior Court of Pennsylvania.

Filed December 28, 1994.


Attorney(s) appearing for the Case

Donald B. Swope, Hellam, for appellant.

Thomas A. DiMaggio, York, for appellees.

Before ROWLEY, President Judge, and CIRILLO and DEL SOLE, JJ.


DEL SOLE, Judge:

Appellant takes this appeal from a trial court order which dismissed his complaint for custody in response to the preliminary objections filed by Appellees. The trial court's action was based upon its conclusion that Appellant was unable to rebut the presumption that the child at issue was a child of Appellees' marriage. Because we have determined that this matter was prematurely concluded, we reverse and remand.

In October of 1991, the child...

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