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DOLORES CONNELL v. JOSEPH CONNELL (06/08/84)

filed: June 8, 1984.

DOLORES CONNELL
v.
JOSEPH CONNELL, APPELLANT



No. 742 Pittsburgh, 1981, Appeal from the Order of the Court of Common Pleas, Fayette County, Civil Division, at No. 351 D.R. 1979.

COUNSEL

Anne N. John, Uniontown, for appellant.

Joseph R. Rygiel, Uniontown, for appellee.

Brosky, Del Sole and Montgomery, JJ.

Author: Brosky

[ 329 Pa. Super. Page 3]

Before us on appeal is an order directing appellant to pay support for Jeffrey Connell. Jeffrey is one of four children born to the parties during their marriage. Mr. and Mrs. Connell were married in 1952 and were separated finally in 1972, although there was also apparently an earlier separation. In 1972 Mrs. Connell sought support for three of the couple's children: Jeffrey, born May, 1969; John, born December, 1970 and Joseph, born May, 1956. Mr. Connell denied that he was the father of John and Jeffrey and blood grouping tests were therefore taken which were interpreted as excluding appellant from being Jeffrey's father. The tests indicated that Mr. Connell is John's father, however, and appellant no longer contests the paternity of the younger boy.

After the blood tests were made there were apparently no further proceedings in the case until October 25, 1979 when Mrs. Connell filed an action seeking support for both John and Jeffrey.

A hearing was held in October, 1979 following which another blood test was conducted at the same laboratory that performed the 1972 test.

The result of the 1979 test, though, indicated that appellant could not be excluded as Jeffrey's father.*fn1

[ 329 Pa. Super. Page 4]

On March 26, 1980, following hearing, the lower court issued an order decreeing that appellant is Jeffrey's father and directing that support payments be made by him. However, the order also granted leave to appellant to seek further blood testing at the Paternity Testing Laboratory in Pittsburgh.

H.L.A. tests were conducted by the Pittsburgh Laboratory in 1980 and the results excluded appellant from being Jeffrey's father.

Appellant then filed a petition to decrease the amount of support that he had been ordered to pay, which was denied in ...


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