No. 695 Pittsburgh, 1981, Appeal from the Order of the Court of Common Pleas, Family Division, Allegheny County, at No. D4682 of 1979.
Sally A. Frick, Pittsburgh, submitted a brief on behalf of appellant.
Daniel Lee Haller, Aliquippa, for appellee.
Rowley, Montemuro and Van der Voort, JJ.
[ 310 Pa. Super. Page 179]
This is an appeal from an order of support in favor of a minor, entered in the Court of Common Pleas, Allegheny County.
The present suit was commenced on October 21, 1979, when appellee, Dorothy Worley, filed a civil complaint for support. She alleged that appellant, James Augustine, was the father of her minor child, James Worley, and thus liable for support of the child. In his answer to the complaint, appellant set forth new matter. In the new matter, appellant stated that the child, James Worley, was born on July 2, 1969, to himself and the appellee. At the same time, he raised the statute of limitations as a defense to the action. Subsequently, both parties filed motions for summary judgment on the question of the statute of limitations. By
[ 310 Pa. Super. Page 180]
opinion and interlocutory order, the lower court, on November 5, 1980, denied appellant's motion and partially granted appellee's motion. It declared that the following were uncontroverted facts on the basis of the pleadings:
1. James Worley was born on July 2, 1969.
2. Defendant [appellant] signed an acknowledgment of paternity on September 7, 1970.
3. This suit was instituted on October 21, 1979.
4. Defendant [appellant] acknowledged paternity again in his ...