TO DISMISS THE PFA AFTER SEVEN MONTHS;
d. TOLD THE PLAINTIFFS THAT THEY COULD SEE THEIR GRANDCHILDREN;
e.. DEFENDANT RECOMMENDED A STIPULATION THAT DIDN'T SPECIFY WHAT A VIOLATION WAS FOR PURPOSES OF RELEASING FUNDS;
f; DEFENDANT RECOMMENDED A STIPULATION THAT CONTRADICTED. THE CUSTODY ORDER;
g. DEFENDANT RECOMMENDED A STIPULATION THAT WAS CONTRARY TO THE WISHES OF ;
h, DEFENDANT RECOMMENDED A STIPULATION THAT WAS DETERMINED AS A MATTER. OF LAW TO NOT BE CLEAR, PRECISE AND SPECIFIC[;}
i, DEFENDANT RECOMMENDED A STIPULATION THAT ALLOWED THE OPPOSING PARTY TO WEAPONIZE THE STIPULATION;
j. DID NOT PROPERLY COLLOQUY THE PLAINTIFFS TO SHOW THAT THEY KNOWINGLY{,] VOLUNTARILY(,] AND INTELLIGENTLY ENTERED THE STIPULATION:
k. SUPPORTED HIS MISREPRESENTATION TO THE PLAINTIFFS WITH A LETTER WHEREIN HE STATED THEY COULD SEE THE GRANDCHILDREN WHENEVER THEY WERE WITH THE MOTHER; AND]
1, TOLD THE PLAINTIFFS IN DECEMBER 2015 THAT THE GRANDPARENTS :COULD GO TO VISITATION TO. WITH . MOTHER.
8. THE. TRIAL COURT ABUSED ITS DISCRETION AND/OR COMMITTED
AN ERROR OF LAW WHEN IT DETERMINED THAT THERE WAS NO ISSUE OF MATERIAL FACT IN FRAUD WHEN THE DEFENDANT:
10.
a. WAS COMPENSATED FOR CONSPIRING AGAINST PLAINTIFFS;
b. MISAPPROPRIATED FUNDS THAT WERE MEANT FOR THE ESCROW ACCOUNT;
c. COMMITTED PERJURY ON THE 'STAND AGAINST TO KEEP: FROM HAVING NEGATIVE EVIDENCE.AGAINST HIM AND TO SUPPORT FATHER;
d, LIED TO THE PLAINTIFFS BY TELLING THEM THEY WOULD BE ABLE TO ENJOY VISITATION WITH THE GRANDCHILDREN; JAND]
e. RECOMMENDED PLAINTIFFS STIPULATE TO A THREE YEAR PFA WHEN THE EVIDENCE WAS-THAT FATHER MADE UP THE ALLEGATIONS AGAINST PLAINTIFFS.
9, THE TRIAL COURT ABUSED ITS DISCRETION AND /OR COMMITTED
AN ERROR OF LAW WHEN IT DETERMINED THAT THERE WAS NO ISSUE OF MATERIAL. FACT IN FRAUD WHEN THE DEFENDANT:2
Discussion
The Trial Court properly denied Plaintiffs' Motion to Amend the Complaint.
It is settled that the trial court "enjoys 'broad-discretion' to grant or deny
a petition to amend" pleadings, Therefore, the Appellate Court.uses an abuse
of discretion standard in reviéwing a trial court's order granting or denying a
petition to amend. Thom v. CDM Auto Sales, 221 A.3d 681, 684-85 (2019). Rule 1033 provides:
(a) A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, add a person as a
The 'amended pleading may aver transactions. or occurrences which. -have. happened before or after the filing of the original pleading, even though they give rise. to a new cause.of action or defense. An
2 Plaintiffs' Concise Statement of Matters Complained of on Appeal abruptly ended, and therefore, the Trial Court
does not know what the remainder of the issue would further state as to Issue Number 9..
1]
amendment may be made.to conform the pleading to. the evidence offered or admitted.
Pa.R.C.P. No. 1033{a). Thus, "[pJleadings may' be amended at the-discretion of the trial court after pleadings are closed, while a motion for: judgment:on the. pleadings is pending, at trial, after judgment, or after'an award has been made and