Appeal from the Order entered in the Court of Common Pleas of Clinton County, Orphans Division, No. 164-1984
Charles R. Rosamilia, Jr., Lock Haven, for appellants.
Marc S. Drier, Pittsburgh, for appellee.
Cirillo, President Judge, and Tamilia and Hester, JJ.
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Eugene Rossi died October 15, 1984, survived by his wife, Gladys L. Wenrik Rossi.
The surviving spouse was granted Letters of Administration on October 26, 1984. Subsequently on December 20, 1984, a Petition to Determine Forfeiture was filed by two sisters of the decedent on behalf of themselves and their other sister and brother. A citation was issued on December 26, 1984 and served along with the petition on Gladys Rossi the next day. Gladys Rossi filed an Answer and New Matter along with a Motion to Dismiss Petition and Rescind Citation on January 28, 1985. The court then issued a Rule to Show Cause why the petition and citation should not be dismissed. At a hearing on February 5, 1985, the court extended the time during which Mrs. Rossi could file preliminary objections.
Preliminary objections in the nature of a demurrer were filed February 21, 1985 and following submission of briefs and oral argument the demurrer was granted and appellant's petition dismissed by Order of May 7, 1985.
The petitioners filed exceptions to this Order which were denied by an Order dated August 1, 1985 and the appeal presently before us was taken from the August 1, Order.
Because the notice of appeal was not taken from the Order of May 7, 1985, we must quash this appeal.
The Pennsylvania Supreme Court, in U.S. National Bank in Johnstown v. Johnson, 506 Pa. 622, 629, 487 A.2d 809, 813 (1985), noted it has long been the law that the sustaining
[ 354 Pa. Super. Page 126]
of a preliminary objection in the nature of a demurrer and dismissal of the complaint in an equity action, is a final appealable Order, citing Otto v. American Mutual Insurance Co., 482 Pa. 202, 393 A.2d 450 (1978); J.A. and W.A. Hess, Inc. v. Hazle Township, 465 Pa. 465, 350 A.2d 858 (1976); Hudock v. Donegal Mutual Insurance Company, 438 Pa. 272, 264 A.2d 668 (1970); Ahrens v. Goldstein, 376 Pa. 114, 102 A.2d ...