Appeal from the Order Entered June 20, 1985, in the Court of Common Pleas of Somerset County, Civil Division, at Nos. 139 Domestic, 1976 and 360 Domestic, 1984.
James M. Jacobs, Assistant District Attorney, Somerset, for appellant.
James A. Kudasik, Somerset, for appellee.
Cirillo, Beck and Watkins, JJ.
[ 353 Pa. Super. Page 60]
This is an appeal from an Order entered June 20, 1985, in the Court of Common Pleas of Somerset County sustaining appellee, Robert Bowlby's preliminary objections and confirming a Maryland judgment dismissing the case.
Leslie, J. Ross was born June 11, 1971, to appellant, Gloria Ross. Appellant initially received welfare payments for the support of her daugher from 1971 to 1978. She later went "off" welfare and obtained employment.
On May 6, 1976, appellant filed a support action against the appellee, Robert Bowlby. This action was filed at the request of the Pennsylvania Department of Welfare and was transferred by a Revised Uniform Reciprocal Support Act Petition, RURESA, 42 Pa.C.S.P. § 6741, et seq. to Prince Georges County, Maryland, where appellee was thought to be living. The action was transferred to Howard County, Maryland, on March 9, 1977. The Howard County Court issued an Order upon the appellee on May 31, 1977 to show cause why he should not be required to support the child. Appellee filed an answer averring that he was not the father of the child, had never acknowledged paternity nor contributed to the maintenance of the child. He also filed for summary judgment based on Maryland's two-year Statute of Limitations in paternity actions. Maryland Code, Article 16, § 66(e). On October 5, 1977, the Howard County Maryland Court granted summary judgment for appellee, Robert Bowlby.
Subsequently, the Maryland Court of Appeals held that the Maryland two-year paternity statute of limitations set forth in Article 16, Section 66 of the Maryland Code unconstitutional on August 4, 1983. See Frick v. Maldonado, 296 Md. 304, 462 A.2d 1206 (1983).
Appellee returned to Somerset County in 1979. Appellant again went "on" welfare in 1984 and the Pennsylvania
[ 353 Pa. Super. Page 61]
Department of Welfare again had her institute action for support against the appellee. This action was filed in the Somerset County Domestic Relations Department on September 24, 1984.
Appellee again denied paternity and filed preliminary objections to the paternity complaint on November 15, 1984. In these objections he contended that the matter was barred by ...