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WAYNE GEFTMAN v. HONORABLE JOSEPH H. STANZIANI (02/04/81)

decided: February 4, 1981.

WAYNE GEFTMAN, BARRY GEFTMAN AND WALTER JEFFRIES, AS ADMINISTRATOR C.T.A. OF THE ESTATE OF NORMAN GEFTMAN
v.
THE HONORABLE JOSEPH H. STANZIANI, JUDGE OF THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA. PETITION OF WAYNE GEFTMAN, BARRY GEFTMAN AND WALTER JEFFRIES. AMERICAN SANITARY SALES CO., INC. V. WAYNE GEFTMAN AND WALTER JEFFRIES, AS EXECUTOR UNDER THE WILL OF NORMAN GEFTMAN, DECEASED. PETITION OF WAYNE GEFTMAN AND WALTER JEFFRIES



Petition No. 655 E.D. Misc. Dkt. 1980, for Writ of Prohibition. Original Action. Petition No. 654 E.D. Misc. Dkt. 1980, for Writ of Supersedeas Pursuant to Plenary Jurisdiction of the Supreme Court of Pennsylvania.

COUNSEL

Theodore W. Flowers, Richard M. Jordan, Lawrence T. Bowman, Philadelphia, for petitioner.

Alan C. Kauffman, Edward Mannino, Howland W. Abramson, Philadelphia, for Stanziani.

O'Brien, C. J., and Roberts, Nix, Larsen and Flaherty, JJ. Kauffman, J., did not participate in the consideration of this matter. Nix, J., files a dissenting opinion, in which Flaherty, J., joins.

Author: Per Curiam

[ 492 Pa. Page 440]

ORDER

Further argument in the above matter is fixed for the Pittsburgh Session, Tuesday, March 3, 1981, at 10:00 a. m. The parties are requested to brief and argue whether principles of comity and equity require the courts of Pennsylvania to refrain from exercising jurisdiction.

[ 492 Pa. Page 452]

    contd

[EDIT ]

APPENDIX A

SUPREME COURT OF NEW JERSEY

M-348/349 September Term 1980

AMERICAN SANITARY SALES AND

SERVICE CO., INC., a Penn-

     sylvania corporation,

Plaintiff-Movant,

     v.

WALTER S. JEFFRIES, Administrator

C.T.A. of the Estate of Norman

Geftman, deceased, et al.,

Defendants-Respondents. ORDER

IN THE MATTER OF THE ESTATE OF

NORMAN GEFTMAN, DECEASED.

IN THE MATTER OF RAYMOND

GEFTMAN and ALAN KAUFFMAN,

Charged with Contempt of Court.

(Raymond Geftman and Alan Kauffman,

Movants.)

This matter having been duly presented to the Court, it is ORDERED that the motion for leave to appeal is granted; and it is further

Ordered that those portions of the September 8, 1980 and October 22, 1980 orders of the Superior Court, Chancery Division, Atlantic County, which directed the parties to halt further proceedings in related litigation in Pennsylvania are summarily vacated and such litigation is to proceed in accordance with the practice and procedure of the Commonwealth of Pennsylvania; and it is further

Ordered that the October 17 and November 6, 1980 orders of the Superior Court, Chancery Division, Atlantic County, directing Raymond Geftman and Alan Kauffman to show cause why they should not be held in contempt of court are summarily vacated and all ...


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