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IN RE ESTATE OF WAGNER

880 A.2d 620 (2005)

In re ESTATE OF Andrew Jonathan WAGNER. Appeal of Lehigh County Office of Children and Youth Services. In re Estate of Andrew Jonathan Wagner. Appeal of Commonwealth of Pennsylvania, Department of Public Welfare.

Supreme Court of Pennsylvania.

Decided August 17, 2005.

Attorney(s) appearing for the Case

John Douglas Reinhart, for Lehigh County Office of Children and Youth Services.

Carol Kristen Ulichney, Wilkes Barre, John A. Kane, Myra W. Sacks, Howard Ulan, Harrisburg, for Dept. of Public Welfare.

Jeffry L. Gilbert, Allentown, for Estate of Andrew Jonathan Wagner.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

OPINION

Justice EAKIN.

This Court granted review to determine whether the Commonwealth Court erred in holding appellees, administrators of the Estate of Andrew Jonathan Wagner, could subpoena from the Department of Public Welfare (DPW), a copy of a performance audit generated by DPW's investigation into the death of 14-month-old Andrew Jonathan Wagner. We hold such document is a statutorily-defined performance audit and beyond the scope of discovery...

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