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ANCILLA GAINER v. WILLIAM JONES (10/11/85)

filed: October 11, 1985.

ANCILLA GAINER
v.
WILLIAM JONES, APPELLANT



Appeal from the Order of the Court of Common Pleas, Family Division, of Philadelphia County at No. 82-13970.

COUNSEL

Allen L. Feingold, Philadelphia, for appellant.

Robert Taylor, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Montemuro, Popovich and Watkins, JJ.

Author: Popovich

[ 347 Pa. Super. Page 463]

This is an appeal from an order of the trial court which adjudged paternity and awarded appellee, the mother, child support in the amount of twenty-five dollars ($25.00) per week plus ten dollars ($10.00) in arrearages. We affirm.

The facts are as follows:

On May 2, 1983, the instant case was listed, and the trial court ordered blood tests to be conducted.

On February 29, 1984, the case was listed again; however, the trial court concluded that the case was listed in error because no complaint for support had been filed.

A complaint for support was filed eventually on March 14, 1984 on behalf of appellee, Ancilla Gainer, and against the putative father, appellant, William Jones. A hearing was held at which time appellant was adjudged to be the father of the minor child, Stacey, who was born on October 29, 1982. A "PETITION FOR RECONSIDERATION" was filed, and this appeal followed.

Appellant raises the following issues: (1) whether the trial court abused its discretion in admitting into evidence the results of an HLA blood test because (a) no expert testimony was presented to interpret the findings; (b) the appellant was denied the opportunity to cross-examine the expert examiner; (c) no foundation was laid for the admission of the expert report; and (d) the trial court was without jurisdiction to order the blood tests.

Appellant also argues that the trial court's order adjudging paternity and awarding support was in error because it contained serious procedural defects ...


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