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DIANA M. LYNCH v. DONALD J. GRANT (10/02/78)

SUPERIOR COURT OF PENNSYLVANIA


October 2, 1978

DIANA M. LYNCH, APPELLANT
v.
DONALD J. GRANT

No. 788 October Term, 1978, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Delaware County, at No. F-27-1128 of 1977.

Before Price, Hester and Hoffman, JJ.

Per Curiam:

The order of the lower court is vacated and the case remanded for a full hearing on the merits in accordance with Commonwealth ex rel. Welsh v. Welsh, 222 Pa. Superior Ct. 585, 296 A.2d 891 (1972). Contracts between husband and wife concerning child support are not binding upon the courts. MacDougall v. MacDougall, 397 Pa. 340, 155 A.2d 358 (1959).

19781002

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