Amendments To Civil Rule 4.0September 14, 2012
Kevin Trotter an attorney in Lancaster sent me a case which may have some impact on how we practice domestic relations ( at least in the 5th district). The case which I am referring to is the case of Jepsen v Hoskisson ( 11-CA-41). In that case the parties had reached an in court agreement and the typed version was to be submitted at a later date. However, before the final version could be filed with the court, the Defendant filed a notice with the court indicating that she had withdrawn her consent to the memo of agreement. The Plaintiff submitted a typed version to the Court which approved the divorce agreement. The Defendant appealed that decision and the 5th District reversed. Based upon local rules which require a signed version in 30 days the Court of Appeals for the 5th District reversed the decision of the trial court adopting the divorce decree because the Defendant had filed with the trial court prior to the submission of the final documents a notice of withdrawal of her consent to the agreement and then the Court signed the divorce decree.