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COMMONWEALTH PENNSYLVANIA v. GEORGE MILCHAK (10/06/77)

decided: October 6, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
GEORGE MILCHAK, APPELLANT



No. 220 April Term, 1977, Appeal from the Order imposed by the Honorable Caram J. ABOOD on July 14, 1976, and filed to No. 76-382, of the Juvenile Division of the Court of Common Pleas of Cambria County, Pennsylvania.

COUNSEL

James H. Stratton, Jr., Assistant Public Defender, Ebensburg, for appellant.

John J. Kuzmiak, Assistant District Attorney, Ebensburg, with him D. Gerard Long, District Attorney, Ebensburg, for Commonwealth, appellee.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price and Spaeth, JJ. Van der Voort, J., did not participate in the consideration or decision of this case.

Author: Jacobs

[ 249 Pa. Super. Page 382]

This appeal arises from an "unofficial order of delinquency"*fn1 adjudicating the appellant delinquent, and ordering him to pay $40.00 per month for the support of his bastard child. Appellant challenges this order on the basis that the Juvenile Court lacks authority to order him to pay support under the Juvenile Act.*fn2 The Commonwealth contends, however, that the order was properly entered pursuant to the Juvenile Court's broad powers to determine the proper disposition of a delinquent child. For the following reasons, we reverse the support order entered by the court below.

On May 24, 1976, appellant was charged in a juvenile petition with failing to support his child born out of wedlock to the petitioner's daughter, in violation of 18 Pa.C.S.

[ 249 Pa. Super. Page 383]

§ 4323.*fn3 A hearing on this petition was held July 14, 1976, and testimony indicated that appellant and Jean Thomas engaged in sexual intercourse beginning in August, 1975, which resulted in the birth of a child on April 28, 1976. Appellant was subsequently found delinquent for failure to support the child, and ordered to pay $40.00 per month for that purpose. We allowed this appeal nunc pro tunc on September 9, 1976.

The Juvenile Act provides:

"§ 50-322. Disposition of delinquent child

If the child is found to be a delinquent child the court may make any of the following orders of disposition best suited to his treatment, ...


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