Paulussen v. Herion

I concur in the decision to remand this case to the Court of Common Pleas of Bucks County for further proceedings, but for other reasons. I question seriously the propriety of what I consider to be this court’s sua sponte entertainment of a legal argument not heretofore addressed by a Pennsylvania trial court.

Our court is not possessed of original jurisdiction except in cases of mandamus and prohibition ancillary to its appellate jurisdiction and in the issuance of writs of habeas corpus. 42 Pa.C.S.A. § 741.1 The instant matter does not fall within any of these exceptions. Accordingly, as I…