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COMMONWEALTH PENNSYLVANIA v. CLYDE R. BANKERT (02/19/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: February 19, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
CLYDE R. BANKERT, APPELLANT

No. 249 March Term, 1979, Appeal from the Order of the Court of Common Pleas of York County, Pennsylvania, entered November 5, 1979, to No. 79 September Term, 1971.

COUNSEL

Joel O. Sechrist, York, for appellant.

Sheryl Ann Dorney, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.

Price, Johnson and Shertz,*fn* JJ.

Author: Shertz

[ 295 Pa. Super. Page 424]

This is an appeal from an Order of support directing Appellant father to pay $10 per week, for a period of one year, toward the cost of practical nurse's training for his daughter. Appellant raises one issue for our consideration: "Whether the entry of a support order against the Appellant for post-high school education for a child constitutes undue hardship." Brief for Appellant at 2. Because Appellant, by his failure to file exceptions to the Order, has waived this issue, we must affirm the Order.

At the time this appeal was taken, Pennsylvania Support Proceedings, 42 Pa.Cons.Stat.Ann. § 6701 et seq. mandated that a party file exceptions with the lower court in order to preserve issues for appeal.*fn1 As this Court in Paul v. Paul, 281 Pa. Super.Ct. 202, 421 A.2d 1219 (1980) succinctly stated:

62 P.S. § 2043.35(f) provides that an action commenced under the Pennsylvania Civil Procedural Support Law "shall be a civil action in accordance with the Rules of Civil Procedure." Although section 2043.35 was repealed on June 27, 1978, by 42 Pa.C.S.A. § 2002(a) [1291] (1979 Pamphlet), the Official Note to 42 Pa.C.S.A. § 6704 (1979 Pamphlet), which is substantially a reenactment of section 2043.35, states that subsection (f) of the repealed provision is "to be given effect in construing section 6704 . . . ." Thus, there is no question but that exceptions must be filed to a support order in order to preserve objections for appeal.

Id., 281 Pa. Super. at 210, n.11, 421 A.2d at 1223, n.11.


*fn* Decision was rendered prior to SHERTZ, J. leaving the bench of the Superior Court of Pennsylvania.


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