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RUBY E. SMITH v. LEE M. BEARD (03/16/84)

filed: March 16, 1984.

RUBY E. SMITH,
v.
LEE M. BEARD, APPELLANT



No. 204 Harrisburg, 1983, Appeal from the Order of the Court of Common Pleas, York County, Civil, at No. 1037 S.A. 1981.

COUNSEL

Laurence T. Himes, Jr., York, for appellant.

John D. Miller, Jr., York, for appellee.

Wickersham, Del Sole and Montemuro, JJ.

Author: Montemuro

[ 326 Pa. Super. Page 97]

This is an appeal from the Order of the Court of Common Pleas of York County directing the appellant, Lee M. Beard,

[ 326 Pa. Super. Page 98]

    to make weekly payment for the support of Lavar L. Smith. The appellant does not contest the amount of the support order; rather, he contends that the trial court erred in adjudicating the paternity of the child without providing him with blood test groupings or a hearing. We find no merit in the appellant's contentions.

The facts relevant to the present appeal are as follows: On June 1, 1981, Lavar L. Smith was born. On June 23, 1981, the appellee filed a Complaint in the York County Court of Common Pleas seeking support payments and lying-in expenses from the appellant, whom she alleged to be the father of young Lavar. Accompanying the Complaint was an Order directing the appellant to appear at a pre-trial conference on July 24, 1981, in accordance with Pa.R.C.P. 1910.5, 42 Pa.C.S.A. The Complaint and order were sent to the appellant at his home address by "certified and restricted mail."*fn1

The record is silent as to anything which may have transpired until August 12, 1981, when the appellee filed a Motion for Blood Tests pursuant to the Uniform Act on Blood Tests to Determine Paternity, 42 Pa.C.S.A. ยง 6131 et seq. On August 14, 1981, the court ordered all parties to submit to a Human Leukocyte Antigen blood test [hereinafter HLA test]. Testing was scheduled for October 6, 1981. Notice was sent to the appellant by regular mail to the same address to which the Complaint was sent. The appellant admits receiving notice, but failed to appear.*fn2

[ 326 Pa. Super. Page 99]

On January 13, 1982, the appellee filed a petition seeing a rule to show cause why the appellant should not be adjudicated to be the father of Lavar Smith by reason of his refusal to submit to HLA testing. On January 14, 1982, the court issued a rule to show cause, returnable twenty (20) days after service. Service was made by regular mail on January 18, 1982. The appellant did not respond.

On May 12, 1982, the appellee filed a motion to make the rule absolute. On that same day the court granted appellee's motion and issued an order adjudicating the ...


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