MARTINEZ v. BAXTER


725 A.2d 775 (1999)

1999 PA Super 16

Rita MARTINEZ, Appellant, v. Barbara S. BAXTER, Guardian Ad Litem for Tyler Martinez, Huntingdon County Children's Services, Mary Ellen "Evelyn" Martinez, Mother, Norman Michael "Mike" Martinez, Father, John and Jane Doe, Foster Parents, Appellees.

Superior Court of Pennsylvania.

Filed January 22, 1999.

Reargument Denied March 30, 1999.


Attorney(s) appearing for the Case

Elaine J. Novacco, Warriors Mark, for appellant.

Peter McManamon, Huntingdon, for Huntingdon County Children's Services, Appellee.

Before JOYCE and HESTER, JJ. and CIRILLO, President Judge Emeritus.


HESTER, J.:

¶ 1 Appellant, Rita Martinez ("Grandmother"), appeals from an order of the Huntingdon County Court of Common Pleas in which the trial court sustained the preliminary objections of the guardian ad litem of her grandson, Tyler Martinez, and dismissed Appellant's complaint for custody of Tyler. Upon review, we reverse and remand for further proceedings.

¶ 2 Appellant is the paternal grandmother of Tyler Martinez, who was born March 9, 1996...

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