White et al. v. Deer et al

Full title: White (et al., Appellant) v. Deer et al

Court: Superior Court of Pennsylvania

Date published: May 16, 1978

389 A.2d 209 (Pa. Super. Ct. 1978)

256 Pa. Super. 597

Opinion

Submitted November 21, 1977.

May 16, 1978.

Proceedings on petition by plaintiffs for distribution of funds. Order entered disallowing claim of Commonwealth to share in funds, order by Doyle, J. Commonwealth appealed. Appeal, No. 407, April T., 1977, from Court of Common Pleas, Civil Division, of Allegheny County, July T., 1974, No. 3522. Submitted November 21, 1977.

Kellen McClendon, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellant; Clyde T. MacVay and John C. Carlin, for appellees.

OPINION PER CURIAM:

The original order of the lower court dated April 9, 1976, by which $776.10 was awarded to the Commonwealth, appellant, is reinstated, and the Commonwealth's claim for further payment from the minor's share of the fund is denied.

HOFFMAN and VAN der VOORT, JJ., dissented and would transfer the case to the Commonwealth Court.

WATKINS, former P.J., did not participate in the consideration or decision of this case.