Byrnes v. Caldwell

• Decision Date: 10 October 1995
• Citation: 665 A.2d 1160,542 Pa. 111
• Parties: Kathleen M. BYRNES, Appellee, v. Harry D. CALDWELL, Appellant.
• Court: Pennsylvania Supreme Court

Page 1160

665 A.2d 1160

542 Pa. 111

Kathleen M. BYRNES, Appellee, v. Harry D. CALDWELL, Appellant.

Supreme Court of Pennsylvania.

Argued Sept. 21, 1995.

Decided Oct. 10, 1995.

Appeal No. 28 E.D. Appeal Docket 1995 from the Judgment of the Superior Court, 439 Pa.Super. 574, 654 A.2d 1125 (1995). Entered on February 9, 1995, at No. 0978 Phil.1994 Affirming the Order of the Court of Common Pleas of Montgomery County, Civil Division, Entered on February 15, 1994, at No. 92-20581.

Francis Recchuiti, Morristown, for H. Caldwell.

Peter E. Moore, Morristown, for K. Byrnes.

Albert J. Momjian, Philadelphia, PA, Amicus.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

ORDER

PER CURIAM.

The Order of the Superior Court is reversed. See Curtis v. Kline, No. 6 Eastern District Appeal Docket 1994, --- Pa. ----, 666 A.2d 265 (1995).

MONTEMURO ^*, J., joined by CAPPY, J., dissents based on his Dissenting Opinion in Curtis v. Kline, noting in addition "we are cognizant of the issue of retroactivity, but because the majority has declared the Act unconstitutional, this issue is moot."

* MONTEMURO, J., is sitting by designation.