Edward T. Kelley and Kelly & Johnston, all of Philipsburg, for Patricia Oelberman.
William T. Davis and Boulton, Nevling & Davis, all of Clearfield, for Andrew Slotter and wife.
Before Rhodes, P. J., and Reno, Dithrich, Ross and Arnold, JJ.
[ 167 Pa. Super. Page 409]
These appeals, relating (1) to adoption proceedings in the Orphans' Court of Clearfield County, and (2) to habeas corpus proceedings in the Court of Common Pleas of Clearfield County, arise from the same facts and can be considered in one opinion. It has been stipulated and agreed that both appeals be heard together, and that the parties thereto submit to the jurisdiction of this Court.
On March 14, 1949, Andrew Slotter and Marjorie Slotter, his wife, presented a petition to the Orphans' Court of Clearfield County for the adoption of Saundra Patricia Oelberman who was born on August 21, 1948, being an illegitimate child of Patricia Oelberman. The petition for adoption set forth that custody of the child had been given to the petitioners by the mother when it was eight days old; that petitioners have maintained and supported the child and have had complete and
[ 167 Pa. Super. Page 410]
continuous custody of it since August 29, 1948; and that Patricia Oelberman gave her written consent for such adoption which was attached as an exhibit. The consent was dated August 29, 1948.
On March 25, 1949, a petition was presented to the Court of Common Pleas of Clearfield County by Patricia Oelberman, the mother, for a writ of habeas corpus to obtain the custody of the child. George H. Wood, Jr., as father, joined in the petition. The petition set forth, inter alia, that the said Patricia Oelberman and the said George H. Wood, Jr., had decided to marry, and therefore desired that the child be returned to them.
On April 22, 1949, a hearing was held, and there is a single record of the testimony pertinent to both petitions. The same judge heard and decided both cases.
On June 27, 1949, the Court of Common Pleas of Clearfield County refused relatrix' petition for writ of habeas corpus and continued the custody of the child with the foster parents, the respondents; and on June 29, 1949, the Orphans' Court of Clearfield County refused a decree of adoption. Relatrix, the mother of the child, has appealed from the order of the court of common pleas in the habeas corpus proceeding (No. 1, October Term, 1950), and the foster parents have appealed from ...