Kohl v. PNC Bank National Ass'n

I agree with the majority that the Superior Court articulated the correct legal standard, which follows naturally from Raker v. G.C. Murphy Co., 358 Pa. 339, 58 A.2d 18 (1948), and appropriately balances the need for access to the courts with a tenant’s right to undisturbed possession. See Majority Opinion at 174, 912 A.2d at 251. For the reasons articulated by the Superior Court, however, I would additionally conclude that Kohl did not act in bad faith. See Kohl v. PNC Bank Nat’l Assoc., 863 A.2d 23, 32-33 (Pa.Super.2004). Accordingly, I would affirm the order of the Superior Court. 1…