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EVA J. SZILLERY v. PAUL S. WHEATON (02/23/89)

filed: February 23, 1989.

EVA J. SZILLERY, APPELLANT,
v.
PAUL S. WHEATON, APPELLEE



Appeal from the Order entered February 23, 1988 in the Court of Common Pleas of Lancaster County, Family Division, No. 86-1606.

COUNSEL

Eva J. Szillery, in propria persona.

Craig S. Boyd, Boyertown, for appellee.

McEwen, Montemuro and Kelly, JJ.

Author: Kelly

[ 382 Pa. Super. Page 396]

This is an appeal by appellant, Eva J. Szillery, from an order dated February 23, 1988, directing appellee, Paul S. Wheaton to pay $90.00 per week for child support, and denying appellant's Petitions for Further Discovery and Additional Hearing and for Counsel Fees, Expenses and Costs. We affirm.

On June 18, 1986, appellant filed a complaint, in Lancaster County, requesting child support for her son, Scott Wheaton, who was born out-of-wedlock on June 6, 1986. A support conference was held and at that time the appellee denied paternity and refused to submit to blood tests. Blood tests were ordered pursuant to the Uniform Act on Blood Tests to Determine Paternity.*fn1 Appellee, however, did not go through with the blood tests and on October 28, 1986, he signed an Acknowledgement of Paternity. Thereafter, appellee sought to revoke the Acknowledgement and he petitioned for blood tests to be taken. Following an evidentiary hearing, appellee's petition was denied. The case was then referred to the Domestic Relations Office for a conference to establish an appropriate support order.

A conference was held and the hearing officer recommended an order requiring appellee to pay $70.00 a week in child support. Appellant appealed the recommended order pursuant to 1910.11(f). A complex support hearing was held on November 17, 1987. After the hearing, appellant petitioned for Further Discovery and Additional Hearing. She also filed a Petition for Counsel Fees, Expenses and Costs.

On February 23, 1988, the court sustained appellant's appeal from the recommended order and directed appellee to pay $90.00 a week in child support. Appellant's Petition for Further Discovery and Additional Hearing and the

[ 382 Pa. Super. Page 397]

Petition for Counsel Fees, Expenses and Costs were denied and dismissed. This timely appeal followed.

On appeal, the appellant raises the following four issues:

I. Did the trial judge err in not considering Defendant's Petition for Blood Tests vexatious, after Defendant had acknowledged paternity, was provided an ...


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