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MICHAEL MCGOVERN. APPEAL R. MARLENE REAM (10/02/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: October 2, 1981.

IN RE MICHAEL MCGOVERN. APPEAL OF R. MARLENE REAM

No. 1435 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas of Lancaster County, Criminal Division, No. 205-1980.

COUNSEL

D. Patrick Zimmerman, Lancaster, for appellant.

J. Elvin Kraybill, Lancaster, for participating party.

Cavanaugh, DiSalle and Montemuro, JJ. Montemuro, J., concurs in the result.

Author: Per Curiam

[ 291 Pa. Super. Page 223]

This appeal is from the lower court's denial of a petition filed on behalf of appellant, R. Marlene Ream, for the discovery of juvenile records.*fn1 The petition avers that appellant was shot in the hand with a BB rifle fired by Michael Mc Govern, the juvenile whose records are in question, and that the appellant has elected to bring a civil action against Michael Mc Govern and his parents.*fn2 Appellant's attorney, alleging that the records are necessary for the preparation of the case, seeks to discover "the address of the said juvenile, the name and address of the other party with the said juvenile, as well as such other information as he deems relevant." The Director of the Juvenile Probation and Parole Department of Lancaster County filed an answer to the petition, objecting to the release of the requested information as inconsistent with the purposes of the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq., and as not "within any of the exceptions in that Act to the general prohibition of release of information concerning juveniles," 42 Pa.C.S.A. §§ 6307, 6308.

[ 291 Pa. Super. Page 224]

We hold that this order is not final for purposes of appeal because the appellant has not been put "out of court."*fn3 This appeal, therefor, is quashed as interlocutory. Giannini v. Foy, 279 Pa. Super. 553, 421 A.2d 338 (1980).

Appeal quashed.


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