Legal Opinion

Estate of Ciuccarelli

Pennsylvania Court of Common Pleas, Philadelphia County

Decided May 21, 2014No. 1936 DE of 2006Published

1Opinion of the Court

CARRAFIELLO, J.,

— Frank Caruso1 (hereinafter referred to as “appellant”) appealed the orphans’ court’s decree dated April 2, 2014, which sustained the preliminary objections of appellees Christine Embry Waltz and TD Bank, NA to dismiss the claims of Eileen and Frank Caruso for lack of standing.

The issues presently before the court are whether the orphans’ court erred in sustaining the preliminary objections and dismissing the matter.

FACTS

The present matter is a dispute over proceeds from the sale of real property in the estate of Gaetano Ciuccarelli (hereinafter referred to as the “Escrow…

2Cases cited7 opinions

  1. Wm. Penn Parking Garage, Inc. v. City of PittsburghSupreme Court of Pennsylvania · 1975
  2. Fumo v. City of PhiladelphiaSupreme Court of Pennsylvania · 2009
  3. In Re Milton Hershey SchoolSupreme Court of Pennsylvania · 2006
  4. Keystone Raceway Corp. v. State Harness Racing CommissionSupreme Court of Pennsylvania · 1961
  5. Stilp v. COM., GENERAL ASSEMBLYSupreme Court of Pennsylvania · 2007

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