Summers v. Summers

DISSENTING OPINION BY

DONOHUE, J.:

Because I disagree with the Majority’s conclusions that Father’s faulty petition for modification was sufficient to institute the present modification proceedings and did not prejudice Mother, I respectfully dissent.

As the Majority recognizes, our Rules of Civil Procedure governing support actions explicitly require that a party seeking the modification of a support order “specifically aver the material and substantial change in circumstance upon which the petition is based.” Pa.R.C.P. 1910.19(a). It is uncontested that not only did Father fail to…