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HomeMy WebLinkAbout1002 S 2004 REBECCA WALDEMAR, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD PARISH, PETITIONER 1002 SUPPORT 2004 IN RE: PETITION FOR GENETIC TESTING OPINION AND ORDER OF COURT Bayley, J., April 10, 2007:-- On November 8, 2004, Rebecca Waldemar, of 422 Haldeman Boulevard, New Cumberland, Cumberland County, Pennsylvania, instituted a child support action against Richard Parish, of 4321 Fir Lane, Toledo, Ohio. She sought support for a son, Christian A. Waldemar, born February 14, 1993. Pursuant to the Uniform Interstate Family Support Act (UIFSA), the case was transmitted by this court to Lucas County, Ohio.1 The case was called for a hearing in Lucas County on January 12, 2006. The record reflects that Richard Parish "was present in the courthouse this morning, he left prior to counsel entering the courtroom and going on the record." Per his counsel, the defendant does not object to the ROFO. Defendant's current order is $150.00 per month, for the support of one child, Christian Waldemar, d.o.b. 2/14/93. Nor does the defendant object that a modification of that order is appropriate. The issue before the court today is what income to use for plaintiff in calculating the new order. On January 20,2006, the court imputed an income to the mother of $10,712 1 The Act was adopted by Pennsylvania at 23 Pa.C.S. SS 7101-7901. It was adopted by Ohio at R.C. SS 3115.01 to 3115.59. 1002 SUPPORT 2004 which resulted "in an order for current support of $458.26 per month, to be effective the date of the filing of the motion, 9/25/05." The parties had fourteen days from the date of the decision to file written objections. The order remains in effect and is administered by the court in Lucas County, Ohio, not by this court in Cumberland County. On January 31, 2007, Richard Parish filed a petition in this court seeking genetic testing to establish the paternity of Christian Waldemar. A Rule to Show Cause was entered, and a hearing was conducted on April 2, 2007. Evidence at that hearing revealed that on May 20, 1996, a "Judgment Of Paternity" was entered in Warren District Court, Kentucky, "that RICHARD W. PARISH is the lawful father of the minor child, CHRISITAN A. PARISH, born to Petitioner on February 14,1993."2 Parish was ordered to pay $150 per month for the child. On June 17,1996, an "Amended Judgment Of Paternity" was entered adding a service charge to make the total monthly payment $154.50. On February 26,1997, genetic specimens were collected in Kentucky from Rebecca Waldemar, Christin Waldemar, and Richard Parish. On March 13, 1997, the Laboratory Corporation of America reported that Richard Parish "cannot be excluded as the biological father of the child, Christin Waldemar," and "that the probability of paternity was 99.98%, as compared to an untested, unrelated man of the 2 In documents already referred to, the last name of the child is different. In a document we will be referring to the first name of the child is spelled differently. There is no dispute that all of these references are to the same child of Rebecca Waldemar. -2- 1002 SUPPORT 2004 North American, Caucasian population."3 DISCUSSION Richard Parish maintains that this court should order genetic testing under the authority in the Domestic Relations Code at 23 PaC.S. Section 4343(c)(1), which provides: Upon the request of any party to an action to establish paternity, supported by a sworn statement from the party, the court or domestic relations section shall require the child and the parties to submit to genetic tests. The domestic relations section shall obtain an additional genetic test upon the request and advance payment by any party who contests the initial test. The relief requested will be denied for the following reasons. First, this court does not have jurisdiction to grant the relief. The current child support order was entered in Lucas County, Ohio, on January 20, 2006, and is administered by that court against Richard Parish, a resident of Ohio. Pursuant to UIFSA, the only involvement of Pennsylvania was when this court transmitted the mother's action seeking child support to Lucas County, Ohio. Second, a judgment of paternity against Parish was entered in the state of Kentucky on May 20, 1996, and the current child support order was entered in the state of Ohio on January 20,2006. The UIFSA provides at 23 PaC.S. Section 7205(d): Faith and Credit-A tribunal of this State shall recognize the continuing exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to 3 At the hearing in this court, Parish testified to a litany of reasons why he did not seek relief from the judgment of paternity in Kentucky. He acknowledged that the record of the proceeding in Ohio on January 12, 2006, was accurate. -3- 1002 SUPPORT 2004 this part. (Emphasis added.) Third, the "Judgment Of Paternity" entered in Kentucky, that "Richard W. Parish is the lawful father of the minor child, Chrisitan A. Parish," is res judicata. See Shindel v. Leedom, 350 Pa Super. 274(1986).4 For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this day of April, 2007, the petition for genetic testing, IS DENIED. By the Court, Edgar B. Bayley, J. Derek Clepper, Esquire Special Counsel for DRO P. Richard Wagner, Esquire For Petitioner :sal 4 This resolution makes it unnecessary to consider on the merits whether 23 PaC.S. Section 4343(c)(1) could now be applied to require additional genetic testing to challenge the initial test conducted ten years ago. -4- REBECCA WALDEMAR, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD PARISH, PETITIONER 1002 SUPPORT 2004 IN RE: PETITION FOR GENETIC TESTING ORDER OF COURT AND NOW, this day of April, 2007, the petition for genetic testing, IS DENIED. By the Court, Edgar B. Bayley, J. Derek Clepper, Esquire Special Counsel for DRO P. Richard Wagner, Esquire For Petitioner :sal