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ADOPTION BABY GIRL M. APPEAL JOSEPH M. S. (10/05/78)

decided: October 5, 1978.

ADOPTION OF BABY GIRL M. APPEAL OF JOSEPH M. S., JR.


No. 63 May Term, 1977, Appeal from Order entered January 4, 1977, of the Court of Common Pleas, Orphans' Division, of Franklin County, at No. 53 of 1974.

COUNSEL

Harry S. Geller, Chambersburg, for appellant.

William H. Kaye, Chambersburg, for appellee Gordon Beckner, Guardian of Baby Girl M.

J. Stewart Glen, Jr., Geo. S. Glen, Chambersburg, for appellee Children's Aid Society.

Ronald Keeler, Everett, Legal Service for Bedford, Fulton & Huntingdon Counties, for appellee Lois M., Mother of Baby Girl M.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Manderino, J., files a dissenting opinion. Nix, J., dissents.

Author: O'brien

[ 481 Pa. Page 172]

OPINION OF THE COURT

This appeal is from a final decree entered in the Orphans' Court Division of the Court of Common Pleas of Franklin County. The final decree involuntarily terminated the parental rights of appellant, Joseph M. S., Jr. The facts are as follows.

In August, 1974, a child, Baby Girl M., was born out of wedlock to Lois M. and appellant. At the time of the child's birth, Lois was nineteen and appellant was seventeen. Four

[ 481 Pa. Page 173]

    days after her birth, Baby Girl M. was placed by Lois M. with the Children's Aid Society of Franklin County (the Agency) for purposes of adoption.

Subsequently, a petition was filed for the voluntary relinquishment of the parental rights of Lois M. joined by the Agency. A hearing was scheduled for October 29, 1974. Since appellant had refused to accept a letter sent to him by certified mail notifying him of the hearing, the court directed that appellant be personally served with notice of the hearing by the sheriff of Franklin County. Appellant was served the following day. ...


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