¶1dissenting:
¶2The majority again would deny a child support simply because a criminal adjudication of paternity is barred, this time by an application of Pa.R.Crim.P. 1100. I dissent. Clearly this result, wherein a father could never legally be required to support his child, is contrary to the intention of the legislature as evidenced by the Civil Procedural Support Law of 1953, Act of July 13, 1953, P.L. 431, § 1 (62 P.S. § 2043.31) et seq., as amended, Act of Aug. 14, 1963, P.L. 872, § 1 (62 P.S. § 2043.32) et seq. See my concurring and dissenting opinion in McConnell v. Schmidt, 234 Pa.Super. 400 at 410, 339 A.2d 578 at 585; my dissenting opinion in Commonwealth ex rel. Yentzer v. Carpenter, 240 Pa.Super. 202 at 209, 362 A.2d 1101 at 1104.
¶3*72Further, because the bar in the instant proceeding is Pa.R.Crim.P. 1100, rather than the Statute of Limitations, this child is barred by the inaction of forces over which the mother, and hence the child, have no control. This is not an instance where the prosecution was barred by the inaction of the mother.
¶4The lower court, by Brosky, J., has complied in all particulars with the requirements of the law and has written an excellent opinion in support of its actions. I would affirm for the reasons previously stated and also on the basis of the lower court’s opinion.