HomeMy WebLinkAbout2007-2321 Civil
STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
DAWN RANA KELLER, :
DEFENDANT : 07-2321 CIVIL TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANT TO PLAINTIFF’S COMPLAINT
OPINION AND ORDER OF COURT
Bayley, J., June 19, 2007:--
April 27, 2007
On , Steven Michael Fry filed a complaint against Dawn Rana
Keller to establish paternity and for genetic testing. He avers that he “believes that he
August 16, 2000
may be the natural father” of Andrew Mellott, born . He avers that the
natural mother, Dawn Rana Keller, was married at the time Andrew was conceived,
and:
There has not been a determination by any court as to the paternity of the
child(ren) in any other support, custody, or divorce, or any other action to
the best of the Plaintiff’s knowledge.
Dawn Rana Keller filed preliminary objections in the form of a demurrer to the
complaint in which she avers that she was married to Jason Mellott when Andrew was
born. A copy of the birth certificate is attached in which Jason Mellott is designated the
father. Defendant avers, by attaching a copy of the complaint she filed in this court at
No. 150 of 2004, that she instituted an action for child support for Andrew against
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Jason Mellott. A copy of a final order is attached for support for Andrew that was
__________
1
The complaint for child support sets forth that she and Jason Mellott were married on
April 8, 1993, separated in March, 2002, and divorced on November 26, 2002.
07-2321 CIVIL TERM
April 20, 2004 2
entered against Jason Mellott on .
The Domestic Relations Code at 23 Pa.C.S. Section 4343(c)(1), 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.
Pa. Rule of Civil Procedure 1930.6(a), provides:
Scope. This rule shall govern the procedure by which a putative father
may initiate a civil action to establish paternity and seek genetic testing.
Such an action shall not be permitted if an order already has been
entered asto thesupport of the child
paternity, custody or , or if a
support or custody action to which the putative father is a party is
pending. (Emphasis added.)
Andrew Mellott, who is almost seven years old, was born during the wedlock of
Dawn Keller and Jason Mellott. A support order was entered in this court over three
years ago directing Jason Mellott to pay child support for Andrew. Steven Fry, as a
putative father, is precluded from instituting this action to establish paternity and seek
genetic testing pursuant to 1930.6(a). Accordingly, the demurrer of Dawn Keller to
plaintiff’s complaint will be granted.
ORDER OF COURT
AND NOW, this day of June, 2007, the preliminary objection in the
IS GRANTED. IS DISMISSED.
form of a demurrer to plaintiff’s complaint, Plaintiff’s complaint
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We take judicial notice of that court order.
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07-2321 CIVIL TERM
By the Court,
Edgar B. Bayley, J.
Steven Michael Fry, GX-4964, Pro se
SCI Mahanoy
301 Morea Road
Frackville, PA 17932
Megan Riesmeyer, Esquire
Family Law Clinic
For Defendant
:sal
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STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
DAWN RANA KELLER, :
DEFENDANT : 07-2321 CIVIL TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANT TO PLAINTIFF’S COMPLAINT
ORDER OF COURT
AND NOW, this day of June, 2007, the preliminary objection in the
IS GRANTED. IS DISMISSED.
form of a demurrer to plaintiff’s complaint, Plaintiff’s complaint
By the Court,
Edgar B. Bayley, J.
Steven Michael Fry, GX-4964, Pro se
SCI Mahanoy
301 Morea Road
Frackville, PA 17932
Megan Riesmeyer, Esquire
Family Law Clinic
For Defendant
:sal