Showing posts with label Estate. Show all posts
Showing posts with label Estate. Show all posts

Monday, September 13, 2010

BRIAN STEWART, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF CONNIE AND SARAH STEWART, DECEASED, AND AS NATURAL PARENT AND GUARDIAN

BRIAN STEWART, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF CONNIE AND SARAH STEWART, DECEASED, AND AS NATURAL PARENT AND GUARDIAN AND CONSERVATOR OF CARYN STEWART, AND NATURAL GUARDIAN OF CHRISTIAN STEWART, GREG BRYAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANDREW BRYAN, DECEASED, SHEILA BRYAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANDREW BRYAN, DECEASED, AND DOUG BRYAN, INDIVIDUALLY v. PRECISION AIRMOTIVE, LLC, INDIVIDUALLY AND AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO PRECISION AIRMOTIVE CORPORATION, AND PRECISION AEROSPACE CORPORATION, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION AEROSPACE SERVICES, LLC F/K/A PRECISION AEROSPACE GROUP, LLC, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION AVIATION PRODUCTS CORPORATION, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION PRODUCTS LLC, INDIVIDUALLY AND AS JOINT VENTURER, ZENITH FUEL SYSTEMS, LLC, INDIVIDUALLY AND AS JOINT VENTURER AS SUCCESSOR-IN-INTEREST TO ZENITH FUEL SYSTEMS INC., BURNS INTERNATIONAL SERVICES CORPORATION, INDIVIDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO BORG-WARNER CORP., AND MARVEL-SCHEBLER, A DIVISION OF BORG-WARNER CORP. AND FORMER FUEL SYSTEMS, INC., F/K/A FACET FUEL SYSTEMS, INC., INDIVIDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO FACET AEROSPACE PRODUCTS CO., MARK IV INDUSTRIES, INC., INDIVDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO FACET ENTERPRISES, INC., FACET AEROSPACE PRODUCTS CO. AND AVCO CORPORATION, D/B/A TEXTRON LYCOMING APPEAL OF: AVCO CORPORATION, ON BEHALF OF ITS LYCOMING ENGINES DIVISION,
No. 2303 EDA 2009 2010 PA Super 168 Atlantic: n/a Filed: 9/13/2010

Appeal from the Orders Entered August 10, 2009 and October 15, 2009
In the Court of Common Pleas of Philadelphia County
Civil Division at No: 003200 March Term 2007
Before: ALLEN, LAZARUS and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellants, Precision Airmotive, LLC, and Precision Airmotive Corporation (collectively, “Precision”) and AVCO Corporation, on behalf of its Lycoming Engines Division (“Lycoming”) appeal from the orders of the trial court denying in part their respective motions for summary judgment. The Appellees are Brian Stewart, individually and as the personal representative of the Estates of Connie and Sarah Stewart, deceased, as natural parent, guardian and conservator of Caryn Stewart, and as natural guardian of Christian Stewart; Greg Bryan, individually and as personal representative of the Estate of Andrew Bryan, deceased; Sheila Bryan, individually and as personal representative of the Estate of Andrew Bryan, deceased, and Doug Bryan, individually (collectively, “Appellees”). We quash the appeals in part and affirm the order of the trial court in part.
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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.
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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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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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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, Orphans' Court Division at No. 4384 of 2005
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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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.

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.