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ADOPTION (INVOLUNTARY TERMINATION ) PATTY ANN BRANDL ET AL. APPEAL DOROTHY BRANDL (07/07/75)

decided: July 7, 1975.

IN RE ADOPTION OF (INVOLUNTARY TERMINATION OF) PATTY ANN BRANDL ET AL. APPEAL OF DOROTHY BRANDL


Appeal No. 52 March Term, 1973, from the Decree of the Court of Common Pleas of Westmoreland County, Pennsylvania, Nos. 22, 23 and 24 of 1972; Rial, Judge.

COUNSEL

Richard E. Myers, Greensburg, Ronald C. Makoski, Alex E. Echard, Floyd R. Warren, Westmoreland Legal Services, Inc., Greensburg, for appellant.

Joseph K. Bonidy, Greensburg, William B. Ball, Joseph G. Skelly, Harrisburg, for appellee.

Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Manderino, J., filed a dissenting opinion.

Author: Per Curiam

[ 462 Pa. Page 181]

OPINION OF THE COURT

Decree vacated and case remanded for an evidentiary hearing and to make appropriate findings of facts after ascertaining the competency of Dorothy Brandl and to establish a current record and ascertain the preferences of the children. A guardian ad litem is to be appointed for Dorothy Brandl.

MANDERINO, Justice (dissenting).

I dissent. The record does not sustain the trial court's decree involuntarily terminating the parental rights of Dorothy Brandl. That decree should be reversed.

19750707

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