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COMMONWEALTH PENNSYLVANIA v. DAVID JAMES ROY (02/22/83)

submitted: February 22, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
DAVID JAMES ROY, APPELLANT



No. 81 Pittsburgh, 1981, Appeal from the Order of the Court of Common Pleas of Washington County, Civil Division, at No. 218 D.R. 1980

COUNSEL

D. Melenyzer, Charleroi, for appellant.

Bradley M. Bassi, Charleroi, for Commonwealth, appellee.

Spaeth, Brosky and Johnson, JJ.

Author: Brosky

[ 322 Pa. Super. Page 219]

Appellee commenced this action seeking support for her son, born November 26, 1979. She alleged below that appellant, to whom she has never been married, is the father of her child. In November and December, 1980, hearings were held on the paternity issue as a result of which the lower court determined that appellant is the child's father. The Court entered the support order from which this appeal was taken on December 15, 1980. This appeal followed. Appellant argues that he was improperly denied the right to jury trial and that the finding of paternity

[ 322 Pa. Super. Page 220]

    was not supported by sufficient evidence. For the reasons that follow, we affirm.

We note initially that appellant has waived the sufficiency of the evidence issue. This action, which was commenced by complaint dated January 7, 1980, is governed by the support proceedings statute found at 42 Pa.C.S.A. § 6701 et seq. Section 6704 of that title relates to the commencement of support actions. At the time of the proceedings below, the official note to section 6704 provided that in construing section 6704, certain subsections of the Act of April 28, 1978 were to be given effect. The relevant subsection (f) provided in part:

(f) An action commenced under this act shall be a civil action in accordance with the Rules of Civil Procedure . . . .

(Presently see 42 Pa.C.S.A. § 6704(f)).

Pa.R.C.P. 1038 states with respect to trials conducted without juries (as was the present trial):

(d) Within ten (10) days after notice of the filing of the decision, exceptions may be filed by any party to the decision or any part thereof, to rulings on objections to evidence or to any other matters occurring during the trial. Each exception shall set forth a separate objection precisely and without discussion. Matters not covered by exceptions are deemed waived ...


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