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ADOPTION E.J.W. (09/11/86)

filed: September 11, 1986.

IN RE ADOPTION OF E.J.W., A MINOR. APPEAL OF M.W., NATURAL MOTHER


Appeal from the Order of the Court of Common Pleas, Orphans' Court Division, of Allegheny County, Orphans' No. 397 of 1983.

COUNSEL

Eileen D. Yacknin, Pittsburgh, for appellant.

Rowley, Wieand and Del Sole, JJ.

Author: Rowley

[ 356 Pa. Super. Page 571]

OPINION OF THE COURT

This is an appeal from an order of the trial court, sitting en banc, that dismissed the natural mother's (appellant) exceptions to a prior order which, (1) denied her petition to strike a Report of Intention to Adopt filed by the child's foster parents (appellees) and (2) denied her motion for summary judgment. Because the orders appealed from are interlocutory, we quash the appeal.

An understanding of the complex procedural history of this case is necessary to a proper understanding of our decision. On November 14, 1983, appellees, who have been providing foster care for the minor child, E.J.W., filed a Report of Intention to Adopt pursuant to the Adoption

[ 356 Pa. Super. Page 572]

Act.*fn1 Appellant, the child's natural mother, petitioned the trial court to issue a citation to show cause why the report should not be stricken. The citation was issued and appellees filed an answer thereto. Following oral argument, the court dismissed the citation and denied appellant's motion for summary judgment by order dated February 14, 1985. By the same order, the court stayed all further proceedings in the Orphans' Court relating to the Report pending a final custody determination concerning the minor in the Family Division of the Court.

On March 14, 1985, appellant, recognizing that the February 14, 1985 order was interlocutory, filed a motion to amend the order dismissing the citation to include a statement from the trial court, pursuant to 42 Pa.C.S. ยง 702(b), certifying that the order involved a controlling question of law and that an immediate appeal might materially advance the ultimate termination of the matters raised by the dispute. The trial court denied this motion on March 14, 1985, but sua sponte granted appellant leave to file exceptions nunc pro tunc to the order of February 14, 1985.

On March 21, 1985, appellant filed exceptions to the February 14, 1985 order. On March 25, 1985, appellees filed exceptions to the March 14, 1985 order claiming that it was error for the court to grant leave to file exceptions nunc pro tunc to the February 14, 1985 order when no such relief had been requested. By order dated May 15, 1985, the trial court sitting en banc sustained the exceptions of appellees to the March 14, 1985 order and struck appellant's exceptions to the February 14, 1985 order. By the same order (May 15, 1985), the court directed appellant to file, within 10 days, a petition for leave to file exceptions nunc pro tunc to the February 14, 1985 order.

On May 28, 1985, appellant filed a petition for leave to file exceptions nunc pro tunc to the February 14, 1985 order. Finally, on September 17, 1985, the trial court entered the order from which this appeal is taken. In its order of ...


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