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ADOPTION CHARLES OSTROWSKI (02/03/84)

filed: February 3, 1984.

IN RE ADOPTION OF CHARLES OSTROWSKI, A MINOR. APPEAL OF CHARLES J. OSTROWSKI, NATURAL FATHER


No. 3111 Philadelphia 1982, Appeal from the Order in the Court of Common Pleas, Orphans' Court Division, of Luzerne County at No. A-3640.

COUNSEL

Ernest J. Gazda, Jr., Scranton, for appellant.

Janet A. Conser, Wilkes-Barre, for appellee.

John P. Pesota, Scranton, for participating party.

Wickersham, Watkins and Montgomery, JJ.

Author: Wickersham

[ 324 Pa. Super. Page 217]

Appellant Charles J. Ostrowski has taken this appeal from the order of the lower court dated October 4, 1982,

[ 324 Pa. Super. Page 218]

    supplemented by an opinion and order dated January 6, 1983, terminating the parental rights of appellant to his son, Charles, Jr.

On May 19, 1982, appellant's former wife, Carol Haynes, who is the child's natural mother and appellee herein, filed a petition for involuntary termination of appellant's parental rights. Appellee relied upon 23 Pa.C.S.A. ยง 2511(a)(1) to establish the grounds for the termination. That section provides:

(a) General rule. -- The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds:

(1) The parent by conduct continuing for a period of at least six months either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.

23 Pa.C.S.A. 2511(a)(1).*fn1 A hearing was held on August 5, 1982. The lower court found that appellant had evidenced a settled purpose of relinquishing his parental claims for a period in excess of six (6) months, and by conduct continuing for a period of at least six (6) months, had failed to perform his parental duties. Therefore, the lower ...


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