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PA. DEPT. OF PUBLIC WELFARE v. TAMM

386 Pa.Super. 277 (1989)

562 A.2d 906

PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, on Behalf of Sharon E. SIMPSON, Appellants, v. George TAMM, Appellee.

Supreme Court of Pennsylvania.

Filed August 14, 1989.

Attorney(s) appearing for the Case

John C. Fekety, Philadelphia, for Pa. Dept. of Public Welfare, appellant.

Sallie A. Rodgers, Harrisburg, for Simpson, appellant.

Gregory B. Emmons, Newtown, for appellee.

Before CIRILLO, President Judge, and OLSZEWSKI and WATKINS, JJ.

OLSZEWSKI, Judge:

This is an appeal from a trial court order dismissing a petition for support filed on behalf of Sharon E. Simpson by the Commonwealth of Pennsylvania (hereinafter "DPW" or "Department"). DPW raises the following issues for our review: (1) whether the trial court erred in applying Pa.R. C.P. 1009(a) and Pa.R.C.P. 1010(d) to the instant support action; (2) whether the trial court erred in not finding that appellee's conduct constituted submission to...

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