Categories: Pennsylvania Supreme Court Opinions

DELAWARE COUNTY v. FIRST UNION, 598 Pa. 545 (2008)

958 A.2d 1038

DELAWARE COUNTY, Individually and on Behalf of All Others Similarly Situated v. FIRST UNION CORPORATION, First Union National Bank, Individually and as Successors-in-Interest to Corestates Bank, NA, Corestates Financial Corp., First Pennsylvania Bank, Southeast National Bank of Pennsylvania, Delaware County National Bank, Philadelphia National Bank, Meridian Bank, First Fidelity Bank, NA, and John Doe Banks Nos. 1 through 300 Petition of First Union Corporation and First Union National Bank.

No. 665 MAL 2007.Supreme Court of Pennsylvania.
October 8, 2008.

Petition for Allowance of Appeal No. 665 MAL 2007 from the Order of the Commonwealth Court at No. 1734 CD 2006,

Page 546

dated August 1, 2007 affirming the Order of the Court of Common Pleas of Delaware County at No. 01-6326, dated August 14, 2006.

Prior Report: Pa.Cmwlth., 929 A.2d 1258.

ORDER
PER CURIAM.

AND NOW, this 8th day of October, 2008, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. The issue, rephrased for clarity, is:

Whether the Commonwealth Court committed an error of law when it affirmed the denial [of] First Union’s amended motion for judgment on the pleadings, where, in a matter of first impression interpreting the plain language of the Disposition of Abandoned and Unclaimed Property Act, Delaware County cannot possibly prove any damages because the Act mandates that Delaware County escheat both principal and all interest on any unclaimed bond funds to the Commonwealth [?]

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