J

- S57032

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NON
- PRECEDENTIAL DECISION
- SEE SUPERIOR COURT I.O.P. 65.37

C.I.C.

v.

R.J.F.W.

v.

H.M. , Appellant : : : : : : : : : : : : : : : IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 911 MDA 2019 Appeal from the Order Entered May 15, 2019 i n the Court of Common Pleas of Dauphin County Civil Division at No(s): 2019

- CV

- 984

- CU
BEFORE: BOWES, J., STABILE, J., and MUSMANNO, J.

JUDGMENT ORDER BY MUSMANNO, J. : FILED: FEBRUARY 7, 2020

H.M. appeals from the t rial court ’ s May 15, 2019, O rder , which denied
without a hearing his Petition to intervene in the custody action filed by C. I. C.
(“Aunt”) , against R.J.F.W. (“Father”) , concerning H.M.’s stepchild , A.W.
(“Child”) (born in March 2002), t o Aunt’s deceased sister, S

. W . (“Mother”),
during Mother’s marriage to Father . We reverse and remand for further
proceedings.
Mother died on February 5, 2019. On February 7, 2019, Aunt filed a Complaint in Custody

. Aunt filed a Motion for Service by Pub lication on
February 13, 2019, which was granted on February 19, 2019. A conciliation
conference was held on March 11, 2019.J

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- 2

-

On March 18, 2019, H.M., Child’s stepfather, filed a Complaint in
Custody and a Petition for Intervention. On March 21, 2019, the trial court

issued a Rule to Show Cause why the Petition for Intervention should not be
granted. The March 21, 2019 , Order stated in part, "[i]f an answer is filed
opposing the requested relief, a hearing will be scheduled by further order of

this cou rt." On April 11, 2019, Aunt filed an Answer to the Petition for

Intervention. On April 16, 2019, based upon a determination of the Custody

Conference Officer, the t rial c ourt issued an Order granting sole legal and
physical custody to Aunt, and directing that Child have no contact with H.M.
On May 15, 2019, the trial court denied without a hearing H.M.’s Petition
for Intervention. H.M. timely filed a Notice of Appeal. On June 20, 2019, H.M.
filed a Civil Docketing Statement delineating the is sues to be raised on appeal.
Thereafter, the trial court determined that a hearing should have been

conducted on H.M.’s Petition for Intervention. Trial Court Opinion, 6/21/19,
at 2. The trial court therefore requested that this Court reverse its Order, and
remand for a hearing on H.M.’s Petition for Intervention. Id.
Prior to receiving the trial court’s Opinion, this Court entered an Order
directing H.M. to file a concise statement of errors complained of on appeal
pursuant to Rule 1925(b) by June 2 8, 2019. H.M. complied, filing his Concise
Statement on June 25, 2019. O n August 2, 2019, H.M. and Aunt filed a Joint

Motion for Remand

.J

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- 3

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Our review discloses the lack of a developed record regarding H.M.’s

Petition for Intervention . Keeping in mind the best interests of Child, and the
agreement of the trial court , H.M. , and Aunt that a remand is appropriate for
the development of the record, we reverse the Order of the trial court, which
denied intervention without a hearing, and remand for further pro ce edings.
Order reversed; case remanded for further proceedings. Superior Court
jurisdiction is relinquished.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 0 2/07/2020