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LEON F. LYDAY v. BETTIE S. LYDAY (12/30/86)

filed: December 30, 1986.

LEON F. LYDAY, III
v.
BETTIE S. LYDAY, APPELLANT



Appeal from the Judgment entered in the Court of Common Pleas of Centre County, Civil Division, No. 1984-46-S

COUNSEL

Kathy M. McCarty, State College, and Bettie S. Lyday, appellant, in propria persona.

Robert B. Mitinger, Jr., Bellefonte, for appellee.

Cirillo, President Judge, and Tamilia and Hester, JJ.

Author: Tamilia

[ 360 Pa. Super. Page 18]

This appeal follows the entry of a support Order granting the exceptions of appellee, Leon Lyday and ordering Bettie Lyday to pay $50 per week child support.

While we will consider the merits of the appeal, at the outset we determine that the appeal must be quashed.

The basis for quashing this appeal is the failure of appellant to file a notice of appeal within thirty (30) days of notice of the entry of the support Order as required by Pa.R.A.P. 903.

The procedure in a support action is governed by Pa.R.C.P. 1910.11 or 1910.12 which calls for a hearing, the preparation of a report, the filing of exceptions, argument on the exceptions and the entry of a final Order. This case falls under Rule 1910.12 since the hearing officer was an attorney. These procedures were all followed and the final Order was dated and entered on the docket May 13, 1985.

A second docket entry on May 31, 1985 lists multiple Orders and a report of the hearing officer as being filed.

One of these items is the proposed Order prepared by the hearing officer and dated by him September 19, 1984. This Order has the date as May 23, 1984 at the top and is signed by the court and dated May 23, 1985. In addition, above the court's signature are typed the words As Amended. In substance this Order calls for the payment of $10 per week as support.

Appellant in her brief states the appeal is from the Order dated May 23, 1985. This was improper for this purported Order has no legal significance and is simply a reaffirmance of the Order of May 13, 1985.

The Order of May 13, 1985 was properly entered and as such constituted a final appealable Order. The letter of notice sent by regular mail, dated May 22, 1985, to the respondent, ...


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