Wieland v. Wieland

948 A.2d 863, 2008 Pa. Super. 98, 2008 Pa. Super. LEXIS 993, 2008 WL 1991527
CourtSuperior Court of Pennsylvania
DecidedMay 9, 2008
Docket1381 WDA 2007
StatusPublished
Cited by12 cases

This text of 948 A.2d 863 (Wieland v. Wieland) 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
Wieland v. Wieland, 948 A.2d 863, 2008 Pa. Super. 98, 2008 Pa. Super. LEXIS 993, 2008 WL 1991527 (Pa. Ct. App. 2008).

Opinion

OPINION BY

BENDER, J.:

¶ 1 Presley T. Dillon, Jr., appeals from the July 2, 2007 order that dismissed his petition to intervene in the support action filed by Stacey M. Wieland (Mother) against Russell Wieland, Mother’s ex-husband, for the support of Presley Harry Dillon. The July 2, 2007 order also dismissed Russell Wieland’s preliminary objections to Mother’s support complaint. 1 We affirm.

¶ 2 Based upon the testimony and evidence presented at the hearings on this matter, the trial court set forth the following:

' Stacy M. Wieland filed a Complaint for Support against Russell Wieland seeking child support for her son, Presley Harry Dillon, born April 11, 2002. In her complaint she alleges that she and [Russell Wieland] were married July 26, 1996, separated on July 30, 2000, and, ultimately divorced on January 1, 2005.
[Russell Wieland] requested a Trial on the issue of paternity, and the parties agreed to undergo paternity testing. The paternity tests revealed that [Russell Wieland] could not be excluded as the Father; to the contrary, the probability of paternity was demonstrated to be 99.99%. [Russell Wieland] filed “Preliminary Objections” in the nature of a Motion to dismiss the child support case. Thereupon the matter was set for Trial.
Prior to trial, Presley T. Dillon, Jr., filed a Petition to intervene in the support action. He alleged that he himself is the biological and “real” father and requested that an adjudication of paternity be entered against him. The hearing was held April 23, 2007. All parties were represented by counsel. The parties stipulated to the following facts:
1. Russell Wieland is the biological father of the child.
2. The Mother and Presley T. Dillon, Jr., lived together at the time of the birth of the child.
3. Presley T. Dillon, Jr. was present at the birth of the child.
4. Stacey Wieland had filed for divorce from Russell Wieland prior to the birth of the child, and were divorced by decree dated December 23, 2005.
*865 5. That Presley T. Dillon, Jr.’s name was placed on the birth certificate as the father.
6. That the child carries Presley Dillon’s surname.
7. That the child’s name has appeared on tax returns and health insurance policies of Presley T. Dillon, Jr.
8. Stacey M. Wieland and Presley T. Dillon, Jr., lived together from the child’s birth until October 20, 2006. They were never married.
The testimony in this matter reveals that the biological mother and father separated September 17, 2000, but during the year 2001 re-united and separated on several occasions (on three occasions according to Russell and on seven occasions according to Stacey). During this period of time, the Mother began seeing Presley T. Dillon, Jr. They had met in December of 2000 and began living together in March of 2001. Apparently, during the time that the Mother was living with Presley Dillon, she was also in the process of moving “in and out” of Russell’s residence.
The Mother became pregnant in July 2001, and, according to Presley Dillon, there was never any doubt that he was the [f]ather. He had been told that by the Mother, and he never suspected otherwise. He attended prenatal and Lamaze classes and went to Ob/Gyn appointments. He states that he cried when he found out that he had had a boy. Mr. Dillon related that he and the Mother had discussed names and decided to name the child Presley Harry Dillon. They quickly called him “LP” or “Little Pres.” Mr. Dillon signed an ac-knowledgement of paternity at the hospital and then went home with Stacey and began to raise the child.
Life between Presley Dillon and the Mother was not uneventful. According to Mr. Dillon they lived together rather happily until the child was four years of age. Mr. Dillon “paid for everything.” They then moved to Swede Hill where they continued to be happy, according to Mr. Dillon. He states that he was completely devoted to the child and he described in intimate details issues of taking care of the baby when he was colicky, changing diapers, attending doctors visits, hating to see his child get shots, and then taking the child every where with him — riding quads, walking in the woods, looking for deer, playing guns, playing ball, etc. He says that he called the child LP and the child called him “Dad.” He also described plowing snow together, attending birthday and holiday parties, etc., and even buying the child clothes. He provided the child health coverage and held the child out as his own. (At the time of birth the child’s medical expenses were covered under the health insurance of Russell Wieland, but later Mr. Dillon assumed these expense[s].) Indeed, at the trial Mr. Dillon presented nearly 40 pictures of the child and himself depicting many of the activities he described.
According to the Mother, Mr. Dillon was chronically drunk and prone to fits of violence, causing her to seek protective orders. By the time the Mother and Mr. Dillon separated (in October 2006) they had been in Court on various occasions and the Mother was refusing to permit Mr. Dillon to have custody of the child. The Mother testified at trial that Mr. Dillon had always been abusive. She stated that she put his name on the birth certificate because Mr. Dillon said he would kill her if she did not. She says that she always felt either Russell Wieland or Presley Dillon could have been the Father. She says that most of the custodial time was spent by Mr. *866 Dillon on the farm of Harry Dillon, and it was Mr. and Mrs. Harry Dillon who actually provided most of the child care when Presley Dillon had the child. She described Mr. [Presley] Dillon as being frequently drunk, and when drunk, violent. She notes how in May of 2006 she obtained employment and says that Mr. and Mrs. Harry Dillon would care for the child while she worked, but that they, rather than Presley would provide most of the child care.
The Mother states that, now that Presley is out of the house, she and Little Pres are doing fíne and she has been able to introduce Little Pres to his half-brothers and they now all get along fine.[ 2 ]
Harry Dillon himself also testified. He noted that his wife had recently died. He is Presley T. Dillon’s uncle. He is 64 years of age and retired. He states that he had known Stacey Wieland for many years, as she had been Presley Dillon’s girlfriend. He says that they were in his company frequently during her pregnancy. He recalled how they would frequently stop at his farm and that everyone was happy. He says that Presley Dillon felt the child was his and that from the child’s infancy onward they would come to the farm four or five times a week. He says he and LP were almost like father and son, as they did many things together on the farm. He says that Stacey would often drop the child off, and that LP had his own room at their house.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

H.Z. v. M.B.
Superior Court of Pennsylvania, 2016
C.D-S. v. B.M.D.
Superior Court of Pennsylvania, 2014
V.E. v. W.M.
54 A.3d 368 (Superior Court of Pennsylvania, 2012)
K.E.M. v. P.C.S.
38 A.3d 798 (Supreme Court of Pennsylvania, 2012)
Corliss v. Corliss
21 Pa. D. & C.5th 192 (Monroe County Court of Common Pleas, 2010)
Rwe v. Abk
961 A.2d 161 (Superior Court of Pennsylvania, 2008)
Bkb v. Jgk
954 A.2d 630 (Superior Court of Pennsylvania, 2008)
B.K.B. v. M.M.K.
954 A.2d 630 (Superior Court of Pennsylvania, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
948 A.2d 863, 2008 Pa. Super. 98, 2008 Pa. Super. LEXIS 993, 2008 WL 1991527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wieland-v-wieland-pasuperct-2008.