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ADOPTION F.D.S. AND G.M.S. APPEAL C.S.S. (05/30/80)

decided: May 30, 1980.

IN RE ADOPTION OF F.D.S. AND G.M.S. APPEAL OF C.S.S.


No. 32 March Term, 1979, Appeal from the Decree of the Court of Common Pleas of Beaver County - Orphans' Court, at No. 3006 of 1978

COUNSEL

Timothy P. O'Brien, Neighborhood Legal Services Ass'n, Pittsburgh, for appellant.

Craig E. Wynn, Arthur S. Herskovitz, Aliquippa, for appellee.

Eagen, C. J., and O'Brien, Roberts, Nix, Larsen, Flaherty and Kauffman, JJ.

Author: O'brien

[ 490 Pa. Page 44]

OPINION OF THE COURT

This is an appeal from a decree entered in the Court of Common Pleas of Beaver County, Orphans' Court division, ordering the involuntary termination of appellant's parental rights with respect to her minor children, F.D.S. and G.M.S.

On February 2, 1978, a petition was filed in the Court of Common Pleas of Beaver County, Orphans' Court division, by F.M.S. and G.M.S., the paternal grandparents of F.D.S. and G.M.S., minor children, seeking the involuntary termination of appellant's parental rights. A hearing was held on the petition on March 10, 1978. On October 10, 1978, the court entered a decree nisi, and filed an opinion in support thereof, granting the petition. Exceptions were filed and argued. On May 31, 1979, the Orphans' Court entered a final decree and filed an opinion dismissing appellant's exceptions and terminating her parental rights. Hence this appeal.

The facts are as follows: Appellant C.S.S., and M.S. were married on November 16, 1974, and began residing in Johnstown, Pennsylvania. On March 8, 1975, F.D.S. was born. In January, 1976, appellant left Johnstown and went to Emporium,

[ 490 Pa. Page 45]

Pennsylvania, to the home of her stepmother to await the birth of her second child. That child, G.M.S., was born on February 7, 1976.

Early in March, 1976, appellant left her children in Emporium and traveled to Aliquippa, Pennsylvania, in Beaver County, to the home of her husband's parents, appellees herein. At that time, appellant signed a voluntary placement agreement delivering her children into the custody of the Cameron County Child Welfare Services.

In April, 1976, appellant contacted the Child Welfare Services, obtained custody of her children, and on April 10, 1976, ...


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