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ADOPTION G. M. (03/14/79)

decided: March 14, 1979.

ADOPTION OF G. M., A MINOR. APPEAL OF D. M.


No. 56 January Term, 1977, Appeal from the Order of the Berks County Court of Common Pleas, Orphans' Court Division, dated August 6, 1976

COUNSEL

Louis M. Shucker, Central Pa. Legal Services, Reading, for appellant.

Toby K. Mendelsohn, Reading, for appellee.

C. Wilson Austin, County Sol., G. Roderick Snyder, Asst. County Sol., Gerald P. Segal, Reading, for Berks County.

Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Pomeroy, former J., did not participate in the consideration or decision of this case.

Author: Manderino

[ 484 Pa. Page 26]

OPINION

Appellee, C. S., filed a Petition for Adoption of G. M., a minor, and requested the termination of parental rights of the natural father, appellant, D. M. Appellant, who is incarcerated at the State Correctional Institution at Rockview, Pennsylvania, filed a Petition for a Writ of Habeas Corpus Ad Testificandum, requesting that he be transported from Rockview to the adoption hearing in Reading. An indigent, appellant further requested that the costs of this transportation, $275.00, be paid by either appellee C. S., or appellee County of Berks. The Common Pleas Court, Orphans' Court Division, dismissed appellant's petition. An appeal was then filed in this Court, see the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, No. 233, 17 P.S. ยง 211.202(3), and we granted leave to proceed in forma pauperis.

Appellant is currently incarcerated at the State Correctional Institution at Rockview following convictions for aggravated assault, possession with intent to deliver, and delivery of a controlled substance. Appellant had been in prison for approximately thirteen months when the original petition

[ 484 Pa. Page 27]

    was filed in 1976, and he will not be released prior to June, 1979.

This appeal involves the single issue of whether the Court of Common Pleas erred in refusing to issue the Writ of Habeas Corpus Ad Testificandum and order one of appellees to pay the transportation costs. The trial court held that appellant's constitutional rights were not jeopardized by the denial of his Writ of Habeas Corpus Ad Testificandum because appellant had notice of the proceeding and was represented by competent counsel. We do not consider the merits of those claims since we conclude that this appeal is interlocutory and must be quashed.

This Court has jurisdiction only to hear appeals from final orders unless otherwise permitted by statute. In the case before us jurisdiction is based upon Section 202 of the ...


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