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A.M. (05/27/83)

SUPERIOR COURT OF PENNSYLVANIA


filed: May 27, 1983.

IN RE A.M., P.A.M., V.L.M. APPEAL OF B.M.

No. 502 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas, Orphans' Division, of Lycoming County at No. 3696.

COUNSEL

Lenore M. Urbano, Williamsport, for appellant.

Dudley N. Anderson, Williamsport, for appellees.

Charles F. Greevy, III, Williamsport, for Lycoming Co., participating party.

Hester, Johnson and Popovich, JJ.

Author: Popovich

[ 314 Pa. Super. Page 380]

This is an appeal by B.M., the natural mother of two minor children, whose parental rights were terminated involuntarily by the court below after a hearing was held under the Adoption Code.*fn1 We must reverse and remand for reconsideration in light of the United States Supreme Court's holding in Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982).

The record reveals that the NOTICE OF APPEAL in the instant case was filed on January 27, 1982, and the order appealed was dated December 28, 1981.

In a recently filed opinion of this Court, we concluded that "the clear and convincing standard must be applied to all cases in which appeals had not been exhausted at the

[ 314 Pa. Super. Page 381]

    time the Santosky decision was rendered." In Re: Adoption of M.E.T., Appeal of: M.E.T.G., 313 Pa. Super. 316, , 459 A.2d 1247, 1249 (1983). Because the matter before us was pending on March 24, 1982, the date of the Santosky decision, we must remand to the trial court for further proceedings.

Order vacated. Case remanded for further proceedings not inconsistent with this opinion. Henceforth, any appeal must be from the order of the trial court thus imposed. Jurisdiction is relinquished.


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