JOHNSON, Judge:
This appeal concerns whether a civil action for support of a non-marital child is barred by the running of a two-year criminal statute of limitations when paternity is denied. This case was ordered argued along with Commonwealth ex rel. Johnson v. King, 297 Pa.Super. 431, 444 A.2d 108 (Pa.Super.Ct.) because of the similarity of issues.
Appellant filed a complaint for support of her illegitimate child born September 17, 1973, pursuant to 42 Pa.C.S.A. § 6701 et seq., alleging Appellee to be the putative father. The Complaint was filed April 4, 1979 in Franklin County and transferred to Adams County pursuant to the Revised Uniform Reciprocal Enforcement of Support Act, 42 Pa.C. [272]*272S.A. § 6741 et seq. Her Complaint alleged, inter alia, that Appellee had acknowledged paternity in writing and had contributed to the child’s support as late as September 23, 1974.
Appellee filed an Answer and New Matter on April 27, 1979, denying paternity and raising the two-year statute of limitations as an affirmative defense to the action. The said statute of limitations, 18 Pa.C.S.A. § 4323(b), required: § 4323. Neglect to support bastard
(b) Limitation of action.—All prosecutions under this section must be brought within two years of the birth of the child, except where the reputed father shall have voluntarily contributed to the support of the child, or shall have acknowledged in writing his paternity, in which case a prosecution may be brought at any time within two years of any such contribution or acknowledgment by the reputed father.1
The lower court then granted Appellee’s Motion for Judgment on the Pleadings, relying on its earlier decision in a similar case, Dettrey v. Keckler, 10 D & C3d 610, 20 Adams L.J. 194 (1979).
Since we here determine that the repeal of the criminal statute of limitations never extinguished the civil right to support, the order granting judgment on the pleadings is reversed and the case will be remanded.
Appellant argues that the new six-year statute of limitations found in the provisions of 42 Pa.C.S.A. § 6704(e) should have been applied to her Complaint. Appellee argues that the two-year statute of limitations for criminal paternity actions had run on or about September 23, 1976 at the latest, and therefore, Appellant’s action is forever barred because Appellee has disputed paternity.
The developments in the law concerning paternity and support of illegitimates must first be scrutinized in order to grasp the complexities involved in the instant appeal.
[273]*273The 1953 enactment of the Civil Procedural Support Law2 dealt only with legitimate children, until its amendment in 1963:
§ 2043.32 Definitions
“Duty of Support” includes any duty of support imposed or imposable by law or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, legal separation, separate maintenance, prosecution for failure to support a child born out of lawful wedlock, or otherwise.3
Prior to that point in time, paternity was determined by the institution of a criminal action, either for fornication and bastardy, 18 P.S. § 4506, or willful neglect to support a child born out of lawful wedlock, 18 P.S. § 4732.
However, our Supreme Court in Commonwealth v. Dillworth, 431 Pa. 479, 246 A.2d 859 (1968) determined that the amendment of the Civil Procedural Support Law was not intended to, and could not, eliminate a defendant’s right to a criminal jury trial when paternity was at issue. Therefore, when paternity was contested, a criminal proceeding was an ancillary condition precedent to the right to recover support under the Civil Support Law, supra. Accord, Commonwealth ex rel. Yentzer v. Carpenter, 240 Pa.Super.Ct. 202, 362 A.2d 1101 (1976).
Commonwealth v. Jacobs, 220 Pa.Super.Ct. 31, 279 A.2d 251 (1971) then held that where a defendant chooses a civil determination of paternity, he will be deemed to have waived his right to a jury trial, and both the paternity and support actions could be decided as a civil matter.
Therefore, a complainant was required to institute criminal charges within the criminal statute of limitations period of two years,4 if paternity was in dispute, prior to the [274]*274institution of a civil suit for support. And, if the criminal limitations period had run, a civil action could not be maintained, absent a waiver of the right to a criminal trial or admission of paternity, and complainant could be without recourse. See Commonwealth ex rel. Kolodziejski v. Tancredi, 222 Pa.Super.Ct. 436, 295 A.2d 174 (1972); Commonwealth ex rel. Yentzer v. Carpenter, supra.
In, Matthews v. Cuff, 254 Pa.Super.Ct. 65, 385 A.2d 526 (1978), we held that a criminal charge of neglect to support a bastard child, dismissed for failure to comply with Pa.R. Crim.P., Rule 1100, barred the court from proceeding with a civil paternity proceeding because that civil court had no subject matter jurisdiction over the paternity action where the defendant requested a criminal jury trial. See also Commonwealth ex rel. Czuryla v. Toscano, 264 Pa.Super.Ct. 216, 399 A.2d 744 (1979).
In order to correct this development and simplify the procedures in paternity and support cases, 62 P.S. § 2043.31 et seq. was amended effective June 27, 1978, to allow a six-year statute of limitations for civil support proceedings5 and to repeal the criminal statutes relating to paternity.6 The Judiciary Act Repealer Act (JARA) then repealed the civil support law7 and reenacted it in substantially the same form in the Judicial Code, 42 Pa.C.S.A. § 6701 et seq.8 See also, 1 Pa.C.S.A. §§ 1952, 1953;9 JARA § 41.10
[275]*275The amended and reenacted sections pertinent to the instant appeal state:
§ 6704. Commencement of Actions.
(e) All actions commenced under this section shall be brought within six years of the birth of the child, except where the reputed father shall have voluntarily contributed to the support of the child or shall have acknowledged in writing his paternity, in which case an action may be brought at any time within two years of any such contribution or acknowledgment by the reputed father.
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JOHNSON, Judge:
This appeal concerns whether a civil action for support of a non-marital child is barred by the running of a two-year criminal statute of limitations when paternity is denied. This case was ordered argued along with Commonwealth ex rel. Johnson v. King, 297 Pa.Super. 431, 444 A.2d 108 (Pa.Super.Ct.) because of the similarity of issues.
Appellant filed a complaint for support of her illegitimate child born September 17, 1973, pursuant to 42 Pa.C.S.A. § 6701 et seq., alleging Appellee to be the putative father. The Complaint was filed April 4, 1979 in Franklin County and transferred to Adams County pursuant to the Revised Uniform Reciprocal Enforcement of Support Act, 42 Pa.C. [272]*272S.A. § 6741 et seq. Her Complaint alleged, inter alia, that Appellee had acknowledged paternity in writing and had contributed to the child’s support as late as September 23, 1974.
Appellee filed an Answer and New Matter on April 27, 1979, denying paternity and raising the two-year statute of limitations as an affirmative defense to the action. The said statute of limitations, 18 Pa.C.S.A. § 4323(b), required: § 4323. Neglect to support bastard
(b) Limitation of action.—All prosecutions under this section must be brought within two years of the birth of the child, except where the reputed father shall have voluntarily contributed to the support of the child, or shall have acknowledged in writing his paternity, in which case a prosecution may be brought at any time within two years of any such contribution or acknowledgment by the reputed father.1
The lower court then granted Appellee’s Motion for Judgment on the Pleadings, relying on its earlier decision in a similar case, Dettrey v. Keckler, 10 D & C3d 610, 20 Adams L.J. 194 (1979).
Since we here determine that the repeal of the criminal statute of limitations never extinguished the civil right to support, the order granting judgment on the pleadings is reversed and the case will be remanded.
Appellant argues that the new six-year statute of limitations found in the provisions of 42 Pa.C.S.A. § 6704(e) should have been applied to her Complaint. Appellee argues that the two-year statute of limitations for criminal paternity actions had run on or about September 23, 1976 at the latest, and therefore, Appellant’s action is forever barred because Appellee has disputed paternity.
The developments in the law concerning paternity and support of illegitimates must first be scrutinized in order to grasp the complexities involved in the instant appeal.
[273]*273The 1953 enactment of the Civil Procedural Support Law2 dealt only with legitimate children, until its amendment in 1963:
§ 2043.32 Definitions
“Duty of Support” includes any duty of support imposed or imposable by law or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, legal separation, separate maintenance, prosecution for failure to support a child born out of lawful wedlock, or otherwise.3
Prior to that point in time, paternity was determined by the institution of a criminal action, either for fornication and bastardy, 18 P.S. § 4506, or willful neglect to support a child born out of lawful wedlock, 18 P.S. § 4732.
However, our Supreme Court in Commonwealth v. Dillworth, 431 Pa. 479, 246 A.2d 859 (1968) determined that the amendment of the Civil Procedural Support Law was not intended to, and could not, eliminate a defendant’s right to a criminal jury trial when paternity was at issue. Therefore, when paternity was contested, a criminal proceeding was an ancillary condition precedent to the right to recover support under the Civil Support Law, supra. Accord, Commonwealth ex rel. Yentzer v. Carpenter, 240 Pa.Super.Ct. 202, 362 A.2d 1101 (1976).
Commonwealth v. Jacobs, 220 Pa.Super.Ct. 31, 279 A.2d 251 (1971) then held that where a defendant chooses a civil determination of paternity, he will be deemed to have waived his right to a jury trial, and both the paternity and support actions could be decided as a civil matter.
Therefore, a complainant was required to institute criminal charges within the criminal statute of limitations period of two years,4 if paternity was in dispute, prior to the [274]*274institution of a civil suit for support. And, if the criminal limitations period had run, a civil action could not be maintained, absent a waiver of the right to a criminal trial or admission of paternity, and complainant could be without recourse. See Commonwealth ex rel. Kolodziejski v. Tancredi, 222 Pa.Super.Ct. 436, 295 A.2d 174 (1972); Commonwealth ex rel. Yentzer v. Carpenter, supra.
In, Matthews v. Cuff, 254 Pa.Super.Ct. 65, 385 A.2d 526 (1978), we held that a criminal charge of neglect to support a bastard child, dismissed for failure to comply with Pa.R. Crim.P., Rule 1100, barred the court from proceeding with a civil paternity proceeding because that civil court had no subject matter jurisdiction over the paternity action where the defendant requested a criminal jury trial. See also Commonwealth ex rel. Czuryla v. Toscano, 264 Pa.Super.Ct. 216, 399 A.2d 744 (1979).
In order to correct this development and simplify the procedures in paternity and support cases, 62 P.S. § 2043.31 et seq. was amended effective June 27, 1978, to allow a six-year statute of limitations for civil support proceedings5 and to repeal the criminal statutes relating to paternity.6 The Judiciary Act Repealer Act (JARA) then repealed the civil support law7 and reenacted it in substantially the same form in the Judicial Code, 42 Pa.C.S.A. § 6701 et seq.8 See also, 1 Pa.C.S.A. §§ 1952, 1953;9 JARA § 41.10
[275]*275The amended and reenacted sections pertinent to the instant appeal state:
§ 6704. Commencement of Actions.
(e) All actions commenced under this section shall be brought within six years of the birth of the child, except where the reputed father shall have voluntarily contributed to the support of the child or shall have acknowledged in writing his paternity, in which case an action may be brought at any time within two years of any such contribution or acknowledgment by the reputed father.
(f) An action commenced under this act shall be a civil action in accordance with the Rules of Civil Procedure. Where the paternity of a child born out of wedlock is disputed, the determination of paternity shall be by the court without a jury unless either party demands trial by jury. The trial, whether or not a trial by jury is demanded, shall be a civil action and there shall be no right to a [276]*276criminal trial on the issue of paternity. The burden of proof shall be by a preponderance of the evidence.11
Furthermore, the repeal of the criminal statutes included a statement that prosecutions already commenced under 18 Pa.C.S.A. § 4323 as of the effective date of the repeal, June 27, 1978, shall not be affected by the repeal.12 It is clear then, that the Legislature intended the criminal statute to continue to be applicable only if a prosecution had been commenced prior to its repeal on June 27, 1978. This leads to the conclusion that as of June 27, 1978, the requirement of a criminal determination of paternity for actions involving disputed paternity was eliminated, even if the cause of action arose prior to that date, if no criminal prosecution was pending.
In the case now before us, the criminal statute of limitations had run prior to Appellant’s commencement of suit. However, because suit was instituted after the repeal of the criminal statute, Appellant argues that her claim is not barred, since she did file suit within the new six-year statute of limitations.
Appellee argues that the running of the criminal statute of limitations prior to its repeal extinguished any and all right to institute a civil action for support. His argument is based on a statutory analysis of the provisions of the Statutory Construction Act of 1972 and JARA, the basis of which is described supra in the development of the law in this opinion. His conclusion, however, is that § 25(b) of the Judiciary Act of 197613 which states “[n]o cause of action fully barred prior to the effective date of this act shall be revived by reason of the enactment of this act” is controlling, and bars Appellant’s suit.
Appellee would argue that when the time prescribed in a statute of limitations expires, the right to recover is defeat[277]*277ed, and when a right is thus completely extinguished, it cannot be reinstated or revived by a change in the limitations law. Overmiller v. D. E. Horn & Co., Inc., 191 Pa.Super.Ct. 562, 159 A.2d 245 (1960). We cannot agree.
To the extent that a criminal prosecution as per 18 Pa.C. S.A. § 4323 is desired, the above statement of the law is applicable. However, merely because the Commonwealth’s right to prosecute Appellee criminally has been barred, it does not follow that Appellant’s civil action is barred.
It is settled law that the obligation to give parental support, prior to the enactment of 42 Pa.C.S.A. § 6701 et seq., survived, and was concurrent to, the former two year statutory period, despite the fact that in cases of disputed paternity, the criminal conviction was a necessary prerequisite. See Commonwealth v. Jacobs, supra (dictum). This is evident in a situation where a putative father admits paternity or waives the criminal prosecution. In such a situation, the civil support action was available at any time after the birth of the child. Therefore, the enactment of the new civil paternity and support statute merely provides a new and independent procedure for the enforcement of an existing and continuing right.14
Nor is this analysis analogous to applying the new statute of limitations retroactively. As stated in 1 Pa.C.S.A. § 192615: “[n]o statute shall be construed to be retroactive unless clearly and manifestly so intended by the General Assembly.” The court states in Creighton v. City of Pittsburgh, 389 Pa. 569, 575-76, 132 A.2d 867, 871 (1957), quoting Burger Unemployment Compensation Case, 168 Pa.Super.Ct. 89, 94, 77 A.2d 737, 739 (1951):
“Where, as here, no vested right or contractual obligation is involved, an act is not retroactively construed when applied to a condition existing on its effective date even though the condition results from events which occurred [278]*278prior to that date. ‘A statute is not retrospective . . . because a part of the requisites for its action is drawn from a time antecedent to its passing’: Endlich, Interpretation of Statutes, § 280. ‘However, a statute is not regarded as operating retroactively because of the mere fact that it relates to antecedent events, or draws upon antecedent facts for its operation’: 50 AmJur.Statutes, § 476. See also 59 C.J., Statutes, § 690.”
See also, Hargreaves v. Mid-Valley Sch. Dist., 40 Pa. Cmwlth.Ct. 110 n. 2, 396 A.2d 894 n. 2 (1979).
Also, because the claim for support monies refers back only to the date of the filing of the complaint, it cannot be said that the statute would be retroactive as to the duty of support prior to the effective date of the new act, at the earliest. See 42 Pa.C.S.A. § 6706(a).
Our Legislature has made it plain that their intention in amending and repealing the provisions discussed herein was to abolish the requirement of proving criminal responsibility in an action for the support of an illegitimate child when paternity is denied.
As set forth in Agostin v. Pittsburgh Steel Foundry Corp., 354 Pa. 543, 549, 47 A.2d 680, 683 (1946):
“No one has a vested right in a statute of limitations or other procedural matters. The legislature may at any time alter, amend or repeal such provisions without offending constitutional restraints. So long as there is no omission of a remedy for the enforcement of a right for which a remedy existed when the right accrued, a want of due process is in no way involved.” (citations omitted). Therefore, Appellee has no vested right to not be named
as the putative father in a support action. See Timms v. Potts, 127 P.L.J. 145 (Allegh. Co. 1979) (putative father not deprived of right to due process).
In summary, we hold that the repeal of the criminal statute of limitations never extinguished the civil right to support, but only the ancillary criminal enforcement remedy. We also hold that an action commenced after the effective [279]*279date of 42 Pa.C.S.A. § 6701 et seq., is not barred by the running of 18 Pa.C.S.A. § 4323(b), repealed in 1978.
We are well aware of the cases in our lower courts that have reached a contrary result,16 but find that the reasoning found in the cases which support our determination17 to be of greater merit.
The Order dated September 12, 1979 is reversed and the case remanded for further proceedings consistent with this opinion.
BROSKY, J., files a concurring opinion.
POPOVICH, J., files a concurring statement.
WICKERSHAM, J., files a dissenting opinion.
DiSALLE and SHERTZ, JJ., did not participate in the decision of this case.