Estate of Smith, T. v. Freehand, H.J., Inc., Estate of Smith, T. v. Freehand, H.J., Inc.

Estate of Smith, T. v. Freehand, H.J., Inc.

Estate of Smith, T. v. Freehand, H.J., Inc. - No. 113 MAP 2016

| Pa. | Jul 19, 2017

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Case Information

*1 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 19 th 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 .