Monday, August 31, 2009

ROBERT E. BINGAMAN, JR. v. KELLY BINGAMAN

ROBERT E. BINGAMAN, JR. v. KELLY BINGAMAN
No. 1644 MDA 2008 2009 PA Super 172 Atlantic: 980 A.2d 155 Filed: 8/31/2009

Appeal from the Order entered August 14, 2008
In the Court of Common Pleas of Cumberland County
Civil Division at No. 05-1200 CIVIL TERM
Before: ORIE MELVIN, GANTMAN AND CLELAND, JJ.
Opinion by: CLELAND, J.
Kelly Bingaman (Wife) appeals the trial court’s order entered August 14, 2008 denying her Motion to Strike and/or Re-Open Decree in Divorce. After careful review, we hold the trial court should have vacated that portion of the divorce decree that held it did not retain jurisdiction over the alimony claim. The trial court should have done so because a fatal defect appears on the face of the record. We reverse and remand.
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