2002 Pa. Super. 310 - Hayward v. Hayward’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]ypically, a court may modify an order within thirty days after its entry, according to [ 42 Pa.C.S.A. § 5505 ] .... * * * In Stockton v. Stockton , 698 A.2d 1334 , 1337 (Pa. Super. 1997), we concluded [that] section 5505 applies to petitions to modify QDROs. We stated: The lower court's authority under 42 Pa.C.S.A. § 5505 to modify or rescind an order is almost entirely discretionary; this power may be exercised sua sponte , or may be invoked by a request for reconsideration filed by the parties, and the court's decision to decline to exercise such power will not be reviewed on appeal. Although 42 Pa.C.S.A. § 5505 gives the trial court broad discretion, the trial court may consider a motion for reconsideration only if the motion is filed within thirty days of the entry of the disputed order. After the expiration of thirty days, the trial court loses its broad discretion to modify, and the order can be opened or vacated only upon a showing of extrinsic fraud, lack of jurisdiction over the subject matter, a fatal defect apparent on the face of the record or some other evidence of extraordinary cause justifying intervention by the court. [ 7 ] Id. (emphasis added) (citations and quotation marks omitted). Absent an allegation of extrinsic fraud or other extraordinary cause, the trial court does not have jurisdiction to grant a petition to modify a QDRO if such petition was filed more than thirty days from the date the QDRO was entered. Id. at 1338 .”

   2 later decisions quote this exact passage
   e.g. Zehner, J. v. Zehner, E. · 2010 Pa. Super. 10 - Murphy v. Murphy

2. “§ 5505. Modification of orders Except as otherwise provided or prescribed by law, a court upon notice to the parties may modify or rescind any order within 30 days after its entry, notwithstanding the prior termination of any term of court, if no appeal from such order has been taken or allowed.”

   2 later decisions quote this exact passage
   e.g. Zehner, J. v. Zehner, E. · 2010 Pa. Super. 10 - Murphy v. Murphy

3. “[t]he amount of pension funds accrued during marriage is marital property and subject to equitable distribution.”

   2 later decisions quote this exact passage
   e.g. Zehner, J. v. Zehner, E. · Hess, R. v. Hess, J.