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COMMONWEALTH PENNSYLVANIA v. DENNIS CUFF (03/06/81)

filed: March 6, 1981.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
DENNIS CUFF



No. 740 April Term, 1978, Appeal from the Order in the Court of Common Pleas, Washington County, Criminal Division, No. 490 D.R. 1977.

COUNSEL

Donald N. Turner, Pittsburgh, for Commonwealth, appellant.

William T. Woncheck, Pittsburgh, for appellee.

Price, Hester and Montgomery, JJ.

Author: Per Curiam

[ 285 Pa. Super. Page 226]

This appeal arises from a support action for a child born to appellant out of wedlock on September 10, 1965. Appellee was named as the putative father. At the time the child was born appellant lived in Allegheny County and appellee in Washington County. Although the attorneys for these parties discussed some proceedings between these parties prior to December 15, 1966, there is nothing in the record before us to indicate the nature or extent of those proceedings.

On December 15, 1966, a complaint for support was received in Allegheny County from the Family Court, Queens County, New York where appellant then lived. This complaint was docketed in Allegheny County at No. 3184 of 1966, where the docket entries show the following:

"1. December 15, 1966: Petition and certificate received from Family Court, Queens County, New York and filed.

2. August 18, 1977: Certificate and complaint sent to Washington County, Pennsylvania.

3. December 21, 1977: Order of Court dated December 19, 1977, Brosky, J.

This is the full and complete content of the record in Allegheny County. However, at a hearing held on December 19, 1977, in Washington County there was testimony taken that established that Judge Guffey of Allegheny County conducted a hearing on January 23, 1967. There is

[ 285 Pa. Super. Page 227]

    no transcript of such a hearing, nor is there an entry indicating such a hearing or any disposition of the case by Judge Guffey. There was testimony, from a case worker's file, of some additional correspondence between representatives of Allegheny County and the New York court. From this vague and confusing testimony the Court of Common Pleas of Washington County concluded that sometime in 1967, or at least as a result of proceedings in Allegheny County, Judge Guffey made a finding adverse to appellant on the issue of paternity. Accordingly, on the ...


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