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COMMONWEALTH EX REL. ANDREE M. LEIDER v. DAVID S. LEIDER (06/26/84)

argued: June 26, 1984.

COMMONWEALTH EX REL. ANDREE M. LEIDER, NOW KNOWN AS ANDREE BANKS
v.
DAVID S. LEIDER, APPELLANT



No. 00870 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas, Civil Division, of Philadelphia County at No. 249060.

COUNSEL

Neil Hurowitz, King of Prussia, for appellant.

Robert M. Berger, Philadelphia, for appellee.

Olszewski, Popovich and Cercone, JJ.

Author: Popovich

[ 335 Pa. Super. Page 251]

This is an appeal by appellant, David S. Leider, from an order of the Court of Common Pleas of Philadelphia County, Family Division, dated March 1, 1982, which modified, retroactive to January 20, 1982, the support order for the couples' child, Suzanne.

On January 3, 1967, the Court of Common Pleas of Philadelphia County entered an order of support requiring David S. Leider to provide support for Suzanne in the amount of $20.00 per week. This order was complied with until August 9, 1980, when Suzanne attained the age of 18. Appellee filed a Petition to Modify the support order since Suzanne had enrolled in Villanova University. Appellant also filed preliminary objections to appellee's Petition alleging that the Court of Common Pleas of Philadelphia County lacked jurisdiction over the matter. The court overruled the objections by order dated November 6, 1981.

Instantly, appellant claims that the Court of Common Pleas of Philadelphia County lacked jurisdiction since (1) both parties reside outside of its jurisdiction, specifically,

[ 335 Pa. Super. Page 252]

    one party resides in Chester County and the other in Florida; (2) said petition is in reality a petition for contribution for college expenses and was, therefore, filed in an improper forum; (3) that appellee is an improper party-plaintiff and should have been named as a party-defendant; (4) that appellee has no standing to bring a support action for college expenses on behalf of her adult daughter; and (5) the action should have been brought under the Revised Uniform Reciprocal Enforcement of Support Act, 42 Pa.C.S.A. § 6741 and that, applying said Act, jurisdiction and venue are lacking.

Appellant's contentions are meritless. Title 42 Pa.C.S.A. § 6710 provides that the court making a support order shall

     at all times maintain jurisdiction of the cause for the purposes of . . . increasing, decreasing, modifying or rescinding such order, without limiting the right of a complainant to commence additional proceedings for support in any county wherein the defendant resides or where his property is situated.*fn1

Moreover, § 6751 of the Revised Uniform Reciprocal Enforcement of Support Act provides

The court may decline or refuse to accept and forward the petition on the ground that it should be filed with some other court of this or any other state where there is pending . . . or where another court has already issued a support order in some other proceeding and has retained jurisdiction for its enforcement.*fn2

In Commonwealth ex rel. Fiebig v. Fiebig, 258 Pa. Super. 300, 392 A.2d 804 (1978), the court held

It is well-settled that a change in one of the parties' residence will not oust the jurisdiction of the Court which ...


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