Estate of Smith, T., Aplts v. Freehand, H.J., Inc. ( 2017 )

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
THE ESTATE OF THOMAS J. SMITH BY : No. 112 MAP 2016
AND THROUGH ITS EXECUTOR NEIL :
W. HEAD AND THE ESTATE OF : Appeal from the Order of the Chester
DOROTHY C. SMITH BY AND THROUGH : County Court of Common Pleas, Civil
ITS EXECUTOR NEIL W. HEAD, : Division, at No. 2011-04211-TT dated
: November 2, 2015, as amended by the
Appellants : Order of November 9, 2015 and the
: Order of November 17, 2015.
:
v. :
:
:
FREEHAND, H.J., INC., & JOEL E. :
TEMPLIN & JOHN A. SCHORN, :
MICHAEL ALAN SIDDONS, ESQUIRE, :
INDIVIDUALLY & SIDDONS & :
ASSOCIATES, LLC. & CIARDI, CIARDI & :
ASTIN, P.C., :
:
Appellees :
THE ESTATE OF THOMAS J. SMITH BY : No. 113 MAP 2016
AND THROUGH ITS EXECUTOR NEIL :
W. HEAD AND THE ESTATE OF : Appeal from the Order of the Chester
DOROTHY C. SMITH, BY AND : County Court of Common Pleas, Civil
THROUGH ITS EXECUTOR NEIL W. : Division, at No. 2011-04211-TT dated
HEAD : October 22, 2015.
:
:
v. :
:
:
FREEHAND, H.J., INC., & JOEL E. :
TEMPLIN & JOHN A. SCHORN & :
MICHAEL ALAN SIDDONS, ESQUIRE, :
INDIVIDUALLY & SIDDONS & :
ASSOCIATES, LLC & CIARDI, CIARDI & :
ASTIN, P.C. :
:
:
CROSS APPEAL OF: CIARDI, CIARDI & :
ASTIN, P.C. :
ORDER
PER CURIAM DECIDED: July 19, 2017
AND NOW, this 19th day of July, 2017, on the basis of this Court’s decision in
Villani v. Seibert, 159 A.3d 478 (Pa. 2017), the Order of the Chester County Court of
Common Pleas, dated November 2, 2015, as amended by the Order dated November
9, 2015 and the Order dated November 17, 2015, is REVERSED and the matter is
REMANDED to the Chester County Court of Common Pleas for further proceedings.
The Appeal of the Order of the Chester County Court of Common Pleas dated
October 22, 2014 (113 MAP 2016) is QUASHED.
The ancillary Motion to Quash Appeal or, in the Alternative, to Remand to
Superior Court for Consideration of Ancillary Issue that Falls Outside of Supreme
Court’s Exclusive Jurisdiction and Stay All Supreme Court Proceedings Pending
Superior Court’s Decision on Ancillary Issue, is DENIED as MOOT.
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