J-S57032-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

C.I.C.

v.

R.J.F.W.

v.

H.M.,

Appellant

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IN THE SUPERIOR COURT OF

PENNSYLVANIA

No. 911 MDA 2019

Appeal from the Order Entered May 15, 2019

in 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 trial court’s May 15, 2019, Order, 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), to 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 Publication on 

February 13, 2019, which was granted on February 19, 2019. A conciliation 

conference was held on March 11, 2019. 
J-S57032-19

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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 court." 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 trial court 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 issues 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 28, 2019. H.M. complied, filing his Concise 

Statement on June 25, 2019. On August 2, 2019, H.M. and Aunt filed a Joint 

Motion for Remand.
J-S57032-19

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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 proceedings. 

Order reversed; case remanded for further proceedings. Superior Court 

jurisdiction is relinquished. 

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 02/07/2020