Brown v. Woodhead

BROWN, J.,

Presently before the court is respondent’s motion to dismiss an action to establish paternity filed by petitioner on November 9, 1990. Respondent contends that the action is barred by res judicata, as a prior action was dismissed on April 18, 1978 because the applicable statute of limitations had expired. Petitioner asserts her right to bring the action under 23 Pa.C.S. §4343(b)(2), which provides as follows: “(2) As of August 16,1984, the requirement of paragraph (b)(1) shall also apply to any child for whom paternity has not yet been established and any child for whom a paternity…