Desanctis v. Pritchard

803 A.2d 230 (2002)

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Desanctis v. Pritchard

Pennsylvania Superior Court
803 A.2d 230 (2002)

Facts

A husband and wife initiated divorce proceedings after nine years of marriage. During the marriage, the couple purchased a dog, Barney. In contemplation of their divorce, the parties entered into an agreement wherein Barney was stated to be the property of Pritchard (defendant), the wife. The agreement stated that she was to have full custody and additionally provided for arrangements allowing the husband, Descantis (plaintiff), to visit Barney. The divorce court entered a Divorce Decree without reference to the agreement. Following the finalization of the divorce, Pritchard moved to a new county and stopped making Barney available for Desanctis’s visits. Desanctis filed a complaint in equity requesting the trial court to mandate shared custody, declare Pritchard in breach of the agreement, reform the agreement to provide for shared custody, and award attorney’s fees. The trial court dismissed the case, finding that visitation rights for personal property were not contemplated by statute. Pritchard appealed.

Rule of Law

Issue

Holding and Reasoning (Montemuro, J.)

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