Kelley v. Mueller

ORDER

Based on the following, the decision and order of the Superior Court, Kelly v. Mueller, 861 A.2d 984 (Pa.Super.2004), is hereby VACATED, as the court decided an issue of substance not properly preserved for review; namely, whether the Protection from Abuse Act, 23 Pa.C.S. §§ 6101, et seq. (PFA Act), authorizes courts to order search and seizure without offending the protections of the Fourth Amendment to the United States Constitution and Article 1, § 8, of the Pennsylvania Constitution. Further, the Order of the Montgomery County Court of Common Pleas dated October 14, 2003 is…