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DENISE M. SCHULTZ v. MARTIN P. CONNELLY (10/04/88)

filed: October 4, 1988.

DENISE M. SCHULTZ, APPELLEE,
v.
MARTIN P. CONNELLY, APPELLANT



Appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil at No. D.R. 80-08228

COUNSEL

Nicholas J. Caniglia, Wayne, for appellant.

Robyn E. Schwartz, Assistant District Attorney, Philadelphia, for appellee.

Cavanaugh, Brosky and Montemuro, JJ.

Author: Montemuro

[ 378 Pa. Super. Page 100]

Appellant Martin P. Connelly challenges a December 16, 1987 Order of the Philadelphia County Court of Common Pleas that denied his petition to vacate a support order for James Connelly, who was born to appellee Denise Schultz on January 5, 1980. We affirm.

The relevant facts of this case, as found by the trial court and amply supported by the record, are as follows:

[T]he parties started living together in 1971. The parties decided to have a child, but they discovered that the [appellant] was sterile. The parties agreed that [appellee] should begin having sexual relations with their third floor tenant, James Jackson.

As a result of this relationship, the child James was born on January 5, 1980. [Appellant] held himself out as the child's father and supported the child and [appellee] until the parties separated in the latter part of 1980.

On November 10, 1980, the parties agreed to the entry of a support order for the child before a Domestic Relations Officer.*fn1

Trial Court Opinion at 1-2.*fn2 Appellant complied with the

[ 378 Pa. Super. Page 101]

    support order until 1985.*fn3 On April 17, 1986, appellant filed a petition to vacate support. He alleged that (1) he was not the father of James Connelly; (2) the parties had agreed to terminate the support when the child reached the age of six; (3) he was not aware of the consequences of agreeing to the 1980 support order; and (4) he agreed to the support order under duress and through fraud ...


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