Astemborski v. Susmarski

OPINION OF THE COURT

FLAHERTY, Justice.

Following our decision in Astemborski v. Susmarski, 499 Pa. 99, 451 A.2d 1012 (1982), the appellee therein petitioned the Supreme Court of the United States for a Writ of Certiorari. The Writ was granted, whereupon judgment was vacated and the case remanded for reconsideration in light of that Court’s recent decision in Pickett v. Brown, - U.S. -, 103 S.Ct. 2199, 76 L.Ed.2d 372 (1983). After a thorough review of the Pickett decision, we find that case supportive of our previous holding in this case, and, therefore, reinstate our original order.

Initially,…