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KELLY A. SENTZ, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
JOSEPH R. NASTELLI, :
DEFENDANT : 585 SUPPORT 1995
IN RE: CHILD SUPPORT
OPINION AND ORDER COURT
Bayley, J., October 29, 2007:--
Kelly A. Sentz filed a complaint for the support of Nicholas Price, born May 3,
1995, against Joseph R. Nastelli. Following a hearing before the Cumberland County
Support Master, an order was affirmed directing defendant to pay plaintiff $130.34 per
month support for Nicholas. Defendant filed a pro se appeal (exceptions) to the
Goodman v. Goodman,
Support Master’s Report. The Report is advisory only. 375
Pa. Super. 504 (1988). While it is to be given the fullest consideration, especially with
regard to the credibility of witnesses, the court is required to make a review to
Id.
determine if the recommendations are appropriate.
Defendant maintains that he was wrongfully prevented from challenging the
paternity of Nicholas. Plaintiff originally filed a complaint against defendant for the
support of Nicholas on May 24, 1995. On August 29, 1995, defendant signed an
Acknowledgment of Paternity of Nicholas which was accepted by the court on August
31, 1995. On May 9, 1996, an order was entered obligating defendant to pay $195 per
1
month support for Nicholas. Any challenge to the paternity of Nicholas is now barred
by the doctrine of res judicata as the issue of paternity has been established as a
585 SUPPORT 1995
Shindel v. Leedom,
matter of law. 350 Pa. Super. 274 (1986).
Defendant further maintains that he should not be required to pay child support
to Kelly A. Sentz because Nicholas is no longer residing with her. At the hearing
before the Support Master, Nicholas was residing with his mother in Cumberland
County. If that situation has changed, and if it is a basis for any modification of the
support order, the remedy is to file a petition to modify the order.
ORDER OF COURT
AND NOW, this day of October, 2007, the appeal (exceptions) of
ARE DISMISSED.
Joseph A. Nastelli to the Support Master’s Report,
By the Court,
Edgar B. Bayley, J.
Derek Clepper, Esquire
Special Counsel for DRO
Joseph A. Nastelli, Pro se
7073 Carlisle Pike, Lot 93
Carlisle, PA 17013
Michael Rundle, Esquire
Support Master
:sal
1
On June 21, 2000, the order was suspended at the request of plaintiff.
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KELLY A. SENTZ, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
:
V. :
:
JOSEPH R. NASTELLI, :
DEFENDANT : 585 SUPPORT 1995
IN RE: CHILD SUPPORT
ORDER OF COURT
AND NOW, this day of October, 2007, the appeal (exceptions) of
ARE DISMISSED.
Joseph A. Nastelli to the Support Master’s Report,
By the Court,
Edgar B. Bayley, J.
Derek Clepper, Esquire
Special Counsel for DRO
Joseph A. Nastelli, Pro se
7073 Carlisle Pike, Lot 93
Carlisle, PA 17013
Michael Rundle, Esquire
Support Master
:sal