Commonwealth Ex Rel. Czuryla v. Toscano

This is an appeal from an Order granting defendant’s motion to dismiss under Pa.R.Crim.P. 1100(f). Although proceedings were initiated under the Civil Procedural Support Act, 62 P.S. § 2043.32, for the support of the parties’ illegitimate child, the defendant denied paternity and demanded a criminal jury trial thereon, as is his right under Commonwealth v. Dillworth, 431 Pa. 479, 246 A.2d 859 (1968). At this point, the civil action should have been dismissed so the Commonwealth could issue a criminal complaint for the non-support of an illegitimate child, 18 Pa.C. S.A. § 4323. Matthews v.…