Showing posts with label Estate. Show all posts
Showing posts with label Estate. Show all posts
Monday, September 13, 2010
Thursday, July 22, 2010
PENN-AMERICA INSURANCE COMPANY v. PECCADILLOS, INC.; DAVID M. FREEMAN; LORETTA J. SWARTWOOD, ADMINISTRATRIX OF THE ESTATE OF HEIDI MARIE BRITTON SPICE
| PENN-AMERICA INSURANCE COMPANY v. PECCADILLOS, INC.; DAVID M. FREEMAN; LORETTA J. SWARTWOOD, ADMINISTRATRIX OF THE ESTATE OF HEIDI MARIE BRITTON SPICER; MICHAEL J. WRIGHT, PARENT AND NATURAL GUARDIAN OF HALEY MORGAN WRIGHT, A MINOR; TERRY I. SOLIWODA, GRANDPARENT AND NATURAL GUARDIAN OF MADISON PAIGE WANDER, A MINOR; JAMES R. WATSON, ADMINISTRATOR OF THE ESTATE OF MEGAN ANN WATSON; PHILLIP L. CLARK, JR., ADMINISTRATOR OF THE ESTATE OF JACOB CHARLES LATTA No. 914 WDA 2009 2010 PA Super 130 Atlantic: n/a Petition for Reargument Filed 8/6/2010 Filed: 7/22/2010 | |
| Appeal from the Order of May 8, 2009, in the Court of Common Pleas of Erie County, Civil Division at No. 12571-08 | |
| Before: BENDER, BOWES and COLVILLE, JJ. | |
| Opinion by: COLVILLE, J. | |
| Dissenting Opinion Opinion by: BOWES, J. | |
| This is an appeal from an order which declared the rights of the parties. We affirm. | |
Labels:
Bender,
Bowes,
Civil,
Colville,
Estate,
Liquor liability,
rights of parties
Friday, March 27, 2009
Superior Court - IN RE: ESTATE OF BRUCE E. JOHNSON, DECEASED APPEAL OF: VALERIE S. GAYDOS, EXECUTOR APPEAL OF: DEBORAH ROGERS JOHNSON
| IN RE: ESTATE OF BRUCE E. JOHNSON, DECEASED APPEAL OF: VALERIE S. GAYDOS, EXECUTOR APPEAL OF: DEBORAH ROGERS JOHNSON No. 1836 and 1922 MDA 2007 2009 PA Super 54 Atlantic: 970 A.2d 433 Filed: 3/27/2009 | |
| Appeal from the Decree entered on September 21, 2007, in the Court of Common Pleas of Dauphin County, Orphans' Court Division, at No(s). 278 Year 2002. | |
| Before: LALLY-GREEN, GANTMAN and ALLEN, JJ. | |
| Opinion by: LALLY-GREEN, J. | |
| Appellant/Cross-Appellee, Valerie S. Gaydos (“Executor”), executor of the Estate (the “Estate”) of Bruce E. Johnson (the “Deceased”), and Appellee/Cross-Appellant Deborah Rogers Johnson (“Johnson”), appeal from the trial court’s order and decree of September 21, 2007. We affirm in part and vacate in part. | |
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Labels:
Allen,
breach of contract,
Child Support,
Estate,
Gantman,
Lally-Green,
Orphans Court
Wednesday, November 26, 2008
Superior Court - IN RE: THE ESTATE OF TAMARA BOUKS, DECEASED APPEAL OF: OLEG BOUKS
| IN RE: THE ESTATE OF TAMARA BOUKS, DECEASED APPEAL OF: OLEG BOUKS No. 2653 EDA 2007 2008 PA Super 273 Atlantic: 964 A.2d 4 Petition for Reargument Denied 2/12/2009 Filed: 11/26/2008 | |
| Appeal from the Order Dated September 11, 2007, in the Court of Common Pleas of Philadelphia County, Orphans’ Court Division, at No. 1731 DE of 2003. | |
| Before: BOWES and PANELLA, JJ. and McEWEN, P.J.E. | |
| Opinion by: BOWES, J. | |
| Dissenting Statement Opinion by: McEWEN, P.J.E. | |
| Oleg Bouks appeals an award of rental against him and in favor of the Estate of Tamara Bouks, deceased. The issue we address is whether an estate beneficiary who is residing with the decedent at the time of death may continue to live on the estate’s real property four years without paying rent when that beneficiary is responsible for the delay in the disposition of the real estate. We answer that question in the negative and affirm. | |
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Labels:
Beneficiary,
Bowes,
Estate,
McEwen,
Orphans Court,
Panella
Thursday, October 30, 2008
Superior Court - IN RE: ESTATE OF THOMAS P. ALLEN, Deceased APPEAL OF: ELEANOR J. KIM,Executrix
| IN RE: ESTATE OF THOMAS P. ALLEN, Deceased APPEAL OF: ELEANOR J. KIM,Executrix No. 1714 WDA 2007 2008 PA Super 260 Atlantic: 960 A.2d 470 Filed: 10/30/2008 | |
| Appeal from the Order of April 4, 2007, in the Court of Common Pleas of Allegheny County, | |
| Before: LALLY-GREEN, TAMILIA and COLVILLE, JJ. | |
| Opinion by: COLVILLE, J. | |
| This appeal by Eleanor J. Kim (“the Executrix”) arises from the order directing her to reimburse the Estate of Thomas P. Allen (“the Estate”) for taxes paid from the residue of the Estate on non-probate assets that became her property on the death of Thomas P. Allen (“the Decedent”). We affirm. | |
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Monday, June 2, 2008
Superior Court 6/2/08 - IN RE: ESTATE OF NORMAN F. SHELLY
IN RE: ESTATE OF NORMAN F. SHELLYAPPEAL OF: MARCREEK FARMS, MICHAEL J. COOK, RICHARD SWISHER, AND STEPHEN D. BROWN
No. 443 MDA 2007 2008 PA Super 116 Atlantic: n/a Filed: 6/2/2008
Appeal from the Judgment February 12, 2007,In the Court of Common Pleas of Franklin County,Orphans' Court Division at No. 163 OF 1999.
Before: FORD ELLIOTT, P.J., DONOHUE, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Marcreek Farms, Michael J. Cook, Richard Swisher, and Stephen D. Brown (Appellants) appeal from the orphans’ court’s February 12, 2007 grant of summary judgment in favor of Margaret P. Evans, Terry L. Shelly, Larry R. Shank, and Donna Oberholzer (collectively Four Heirs) and its denial of Appellants’ motion for summary judgment. Upon review, we affirm.
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No. 443 MDA 2007 2008 PA Super 116 Atlantic: n/a Filed: 6/2/2008
Appeal from the Judgment February 12, 2007,In the Court of Common Pleas of Franklin County,Orphans' Court Division at No. 163 OF 1999.
Before: FORD ELLIOTT, P.J., DONOHUE, and POPOVICH, JJ.
Opinion by: POPOVICH, J.
Marcreek Farms, Michael J. Cook, Richard Swisher, and Stephen D. Brown (Appellants) appeal from the orphans’ court’s February 12, 2007 grant of summary judgment in favor of Margaret P. Evans, Terry L. Shelly, Larry R. Shank, and Donna Oberholzer (collectively Four Heirs) and its denial of Appellants’ motion for summary judgment. Upon review, we affirm.
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Monday, May 12, 2008
Superior Court 5/12/08 - IN RE: ESTATE OF PAUL J. SAUERS, III, DECEASED
IN RE: ESTATE OF PAUL J. SAUERS, III, DECEASED APPEAL OF: JODIE L. SAUERS
No. 1060 MDA 2007 2008 PA Super 97 Atlantic: n/a Filed: 5/9/2008
Appeal from the Order of May 16, 2007, in the Court of Common Pleas of York County, Orphans Court Division at No. 67-06-01327
Before: ORIE MELVIN, ALLEN AND COLVILLE, JJ.
Opinion by: COLVILLE, J.
Dissenting Opinion by: ALLEN, J.
This is an appeal from an order which, in effect, granted Appellee’s Petition for Citation (“Petition”). We vacate and reverse.
No. 1060 MDA 2007 2008 PA Super 97 Atlantic: n/a Filed: 5/9/2008
Appeal from the Order of May 16, 2007, in the Court of Common Pleas of York County, Orphans Court Division at No. 67-06-01327
Before: ORIE MELVIN, ALLEN AND COLVILLE, JJ.
Opinion by: COLVILLE, J.
Dissenting Opinion by: ALLEN, J.
This is an appeal from an order which, in effect, granted Appellee’s Petition for Citation (“Petition”). We vacate and reverse.
Monday, March 31, 2008
Superior Court 3/31/08 - JOSEPH COHEN AND GALIT DADOUN-COHEN, INDIVIDUALLY AND IN THEIR OWN RIGHT AS CO-ADMINISTRATORS OF THE ESTATE OF ETHAN AMOS DAD
JOSEPH COHEN AND GALIT DADOUN-COHEN, INDIVIDUALLY AND IN THEIR OWN RIGHT AS CO-ADMINISTRATORS OF THE ESTATE OF ETHAN AMOS DADOUN COHEN, DECEASED v. KATHLEEN FURIN, MSW, CCE, MATERNAL WELLNESS CENTER, RONNIE ROTHMAN, CNM, JULIANNA THOMPSON, CNM, WOMAN WISE MIDWIFERY, ERIC CARLSON, D.O., MAIN LINE PERINATAL ASSOCIATES, A DIVISION OF WOMEN’S HEALTH CARE GROUP OF PENNSYLVANIA, LLC AND MAIN LINE HOSPITALS, INC., D/B/A LANKENAU HOSPITA
No. 1270 EDA 2007 2008 PA Super 52 Atlantic: n/a Filed: 3/31/2008
Appeal from the Order entered April 24, 2007 In the Court of Common Pleas of Philadelphia County, Civil, No. 1401 February Term, 2007
Before: KLEIN, GANTMAN and ALLEN, JJ.
Opinion by: KLEIN, J.
Joseph Cohen and Galit Dadoun-Cohen (“Plaintiffs”), individually and as co-administrators of the estate of their son, Ethan Amos Dadoun-Cohen, appeal from a trial court order transferring their case from Philadelphia County to Montgomery County. We affirm.
First, Plaintiffs claim that Kathleen Furin and Maternal Wellness Center, Philadelphia co-defendants, rendered care that creates venue in Philadelphia. The Furin/Maternal Wellness defendants, primarily social service providers, did not render medical care in this case. Their alleged negligence is referring Mrs. Dadoun-Cohen, who had a high risk pregnancy, to midwives instead of a physician. However, making a referral is not “furnishing health care services” to establish venue under 42 Pa.C.S.A. § 5101.1.
Second, Plaintiffs claim that there is venue created because when Mrs. Dadoun-Cohen first went into labor, she placed a phone call from Philadelphia to Ronnie Rothman of Woman Wise midwifery in Philadelphia. Plaintiffs claim Ms. Rothman negligently told them to cancel an ambulance and wait before going to the hospital in Montgomery County. Pennsylvania case law establishes that telephone communication does not constitute “furnishing health care services” in a county when the physical services are to be rendered in another county.
Third, Plaintiffs further claim error because the trial judge refused to allow additional discovery after he granted preliminary objections and transferred venue from Philadelphia to Montgomery County. Because Plaintiffs have an obligation to present all evidence to the trial judge at the time of the initial preliminary objections, it was not an abuse of discretion to deny further discovery after the ruling had been made.
No. 1270 EDA 2007 2008 PA Super 52 Atlantic: n/a Filed: 3/31/2008
Appeal from the Order entered April 24, 2007 In the Court of Common Pleas of Philadelphia County, Civil, No. 1401 February Term, 2007
Before: KLEIN, GANTMAN and ALLEN, JJ.
Opinion by: KLEIN, J.
Joseph Cohen and Galit Dadoun-Cohen (“Plaintiffs”), individually and as co-administrators of the estate of their son, Ethan Amos Dadoun-Cohen, appeal from a trial court order transferring their case from Philadelphia County to Montgomery County. We affirm.
First, Plaintiffs claim that Kathleen Furin and Maternal Wellness Center, Philadelphia co-defendants, rendered care that creates venue in Philadelphia. The Furin/Maternal Wellness defendants, primarily social service providers, did not render medical care in this case. Their alleged negligence is referring Mrs. Dadoun-Cohen, who had a high risk pregnancy, to midwives instead of a physician. However, making a referral is not “furnishing health care services” to establish venue under 42 Pa.C.S.A. § 5101.1.
Second, Plaintiffs claim that there is venue created because when Mrs. Dadoun-Cohen first went into labor, she placed a phone call from Philadelphia to Ronnie Rothman of Woman Wise midwifery in Philadelphia. Plaintiffs claim Ms. Rothman negligently told them to cancel an ambulance and wait before going to the hospital in Montgomery County. Pennsylvania case law establishes that telephone communication does not constitute “furnishing health care services” in a county when the physical services are to be rendered in another county.
Third, Plaintiffs further claim error because the trial judge refused to allow additional discovery after he granted preliminary objections and transferred venue from Philadelphia to Montgomery County. Because Plaintiffs have an obligation to present all evidence to the trial judge at the time of the initial preliminary objections, it was not an abuse of discretion to deny further discovery after the ruling had been made.
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