Buccieri v. Campagna

889 A.2d 1220, 2005 Pa. Super. 403, 2005 Pa. Super. LEXIS 4176
CourtSuperior Court of Pennsylvania
DecidedDecember 7, 2005
StatusPublished
Cited by23 cases

This text of 889 A.2d 1220 (Buccieri v. Campagna) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buccieri v. Campagna, 889 A.2d 1220, 2005 Pa. Super. 403, 2005 Pa. Super. LEXIS 4176 (Pa. Ct. App. 2005).

Opinion

OPINION BY

GANTMAN, J.:

¶ 1 Appellant, Christine Buccieri (“Mother”), appeals from the order of the Philadelphia County Court of Common Pleas, which granted the petition for paternity testing, filed on behalf of Appellee, Salvatore A. Campagna. 1 Mother asks us to determine whether the trial court erred when it ordered genetic testing under the facts of this case. We hold the trial court’s decision was flawed. Accordingly, we reverse.

¶ 2 In its opinion, the trial court summarized the facts of the case as follows:

The parties in this case were never married. On March 16, 2004 [Appellee] filed a Complaint for Partial Custody of [G.B.] (d.o.b. November 8, 1996), the *1221 [child] of [Mother]. On June 4, 2004, [Appellee] also filed a Petition for Paternity Testing asserting that at the time [G.B.] was conceived the parties were briefly involved with one another in a sexual relationship. It is undisputed that no one was listed as the father on the birth certificate of this child and that there was never a voluntary acknowl-edgement of paternity executed by anyone.
On June 18, 2004, [Mother] filed Preliminary Objections to the Complaint for Custody and on June 30, 2004, [Appel-lee] filed a Motion to Dismiss [Mother’s] Preliminary Objections. Thereafter, [Mother] filed an Answer to [Appellee’s] Motion to Dismiss.
On November 12, 2004, [Mother] filed an Answer to the Petition for Paternity Testing which contained an averment [in her New Matter] that the paternity testing should be denied on an equitable estoppel claim. All petitions were consolidated and a hearing was conducted before this court on November 18, 2004. The testimony evidenced the parties agree that the child at issue [G.B.] was born on November 8, 1996. The parties further agree that they were never married and that they had an intimate, but brief relationship in 1996 around the time that [G.B.] was conceived. Further they agree that upon termination of the relationship, the parties had no further contact except for a very brief, chance encounter a number of years after [G.B.] was born. [Mother] testified that she was not seeing anyone else sexually during [the parties’] relationship and that she had no doubt that [Appellee] was [G.B.]’s biological father. She also stated she told [Appellee] that she was pregnant but asserted that he did not believe her. [Mother] never filed a paternity action or petition for support and [Appellee] never filed any paternity action or acknowledged paternity of this child.
At the hearing on November 18, 2004, Mother’s fiancé, L.B., testified. Although still married at the time, it was his testimony that he was in the process of divorcing his current wife and when that divorce was final he intended to marry [Mother] and file a petition to adopt her children. Sometime after the hearing a Stipulation was submitted to the [e]ourt acknowledging that [Mother] had in fact married [L.B.] and he had in fact filed a Petition to Terminate Parental Rights and to adopt the child at issue.... [At the beginning and again] [u]pon conclusion of the November 18th hearing this court dismissed [Appellee’s] Complaint for Partial Custody without prejudice and proceeded thereafter only on the Petition for Paternity Testing. 2
*1222 On March 10, 2005, [Mother] filed an appeal of this court’s order to the Superior Court. On the same date, [Mother] filed a Motion for a Stay Pending Appeal, which this court granted on March 31, 2005. This court then entered an order directing [Mother] to file a Statement of Matters Complained of on Appeal in accordance with Pa.R.A.P. 1925(b). [Mother] filed her [Rule] 1925(b) Statement on April 21, 2005.

(Trial Court Opinion, filed May 20, 2005, at 2-4). We add the following facts. Mother testified she had no doubt Appellee was G.B.’s father. (N.T. Hearing, 11/18/04, at 27-28). Appellee also admitted on cross-examination that G.B. was his child and agreed to sign an acknowledgment of paternity on the day of the hearing. (Id at 66). When asked why he felt he still needed genetic testing, Appellee said, “I don’t know.” (Id) In his next breath, Appellee retracted his agreement to sign an acknowledgment of paternity and refused to sign without testing. The following exchange took place:

[Mother’s counsel]: So then you are not sure that you are [G.B.]’s father?
[Appellee]: I guess there’s always that 1 percent but, I mean, I look at her and she looks exactly like me. She looks like me.
[Mother’s counsel]: So then—
[Appellee]: I am sure.

(Id at 67-68). Appellee further admitted he knew about Mother’s pregnancy. He claimed he was unaware of the birth of the child. He conceded he had made no further inquiries and had no contact with Mother or child until a chance meeting in the park, sometime in 2000 or 2001, when he saw G.B. for the first time. (Id at 68-69). When asked what action Appellee took in the court system after that meeting, Appellee admitted, “None.” (Id at 70). In fact, Appellee acknowledged he had allowed another three to four years to pass, before he filed a complaint for partial custody and his petition for paternity testing in 2004. When asked why he thought it would be in the child’s best interests to initiate some connection with Appellee, he said: ‘Why do I think that? Because I am her father. I am her flesh and blood. I have a lot to offer this child. I have unconditional love that I’m waiting to give her.” (Id at 71).

¶ 3 Following the hearing, the court asked the parties to brief their issues and set a briefing schedule. By order dated March 10, 2005, the court granted Appel-lee’s petition for paternity testing. The trial court also indicated that its order was a final order. (See Trial Court Order, dated March 10, 2005, at 2).

¶4 Mother now raises four issues on appeal:

SHOULD PUTATIVE FATHER’S PETITION FOR GENETIC TESTING HAVE BEEN GRANTED DESPITE THE FACT THAT PUTATIVE FATHER’S CONDUCT WAS TANTAMOUNT TO AN ABANDONMENT OF CHILD?
SHOULD PUTATIVE FATHER BE EQUITABLY ESTOPPED FROM ASSERTING HIS PATERNITY AND THEREFORE, HIS PETITION FOR GENETIC TESTING BE DENIED AS A RESULT OF THE UNCONTRA-DICTED EVIDENCE AT THE HEARING OF THIS MATTER? SHOULD PUTATIVE FATHER’S REQUEST FOR GENETIC TESTING HAVE BEEN DENIED BECAUSE TO GRANT SUCH A REQUEST WOULD NOT BE IN THE BEST INTEREST OF THE CHILD?
SHOULD PUTATIVE FATHER’S REQUEST FOR GENETIC TESTING BE HELD IN ABEYANCE PENDING RESOLUTION OF THE PETITION FOR ADOPTION AND PETITION *1223 FOR INVOLUNTARY TERMINATION OF PARENTAL RIGHTS THAT HAS BEEN FILED BY MOTHER AND HER HUSBAND?

(Mother’s Brief at 5). 3

¶ 5 For ease of disposition, we address Mother’s issues collectively as a single argument.

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Bluebook (online)
889 A.2d 1220, 2005 Pa. Super. 403, 2005 Pa. Super. LEXIS 4176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buccieri-v-campagna-pasuperct-2005.