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FELSING v. BEINING (09/22/75)

decided: September 22, 1975.

FELSING
v.
BEINING, APPELLANT



Appeal from order of Court of Common Pleas, Family Division, of Allegheny County, No. 687 of 1973, in case of Delores Felsing v. Henry Beining.

COUNSEL

Charles D. Coll, for appellant.

No appearance entered nor brief submitted for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Spaeth, J. Cercone, J., concurs in the result. Van der Voort, J., dissents.

Author: Spaeth

[ 236 Pa. Super. Page 203]

This is an appeal from an order of the Court of Common Pleas of Allegheny County dated February 11, 1974, directing appellant to pay $11.00 per week child support.

[ 236 Pa. Super. Page 204]

Appellant and appellee were never married. It is, however, uncontested that appellant is the father of appellee's child, Deborah, born November 27, 1962. Appellee first filed a petition for the support of Deborah on March 16, 1973. At a hearing held on May 2, 1973, it was determined that appellant's earnings could not sustain a support order, and the petition was dismissed. On January 16, 1974, appellee again filed a petition for support, and a rule to show cause was issued and a hearing set for February 11, 1974.

Appellee was not represented by counsel. Charles D. Coll, Esquire, had represented appellant at the first hearing. Appellant claims that he engaged Coll to represent him at the second hearing. He supports this claim by reference to Exhibit "A", a letter from Patricia A. Michak, Counselor, Family Division of the Court of Common Pleas of Allegheny County. This letter, dated January 24, 1974, notified Mr. Coll "to appear in Room 520, Allegheny County Court House, Fifth Avenue and Grant Street, Pittsburgh, on February 11, 1974, at 9:30 a.m., for a court hearing on your case regarding establishing a support order." On February 11, Mr. Coll suffered from a cold and was too ill to attend the hearing. He telephoned Ms. Michak at her office in the Court House, informed her of his illness, and requested a postponement. This conversation is documented in the record by a note written by Ms. Michak to the hearing judge. The note, Exhibit "B", stated:

CASE NUMBER 687 -- 73

DEFENDANT'S NAME Beining (case)

PLAINTIFF'S NAME

PERSON CALLING Charles ...


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