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Alkhafaji v. TIAA-CREF Individual and Institutional Services, LLC

Supreme Court of Pennsylvania

June 17, 2013

FATIN ALKHAFAJI, ADMINISTRATOR C.T.A. OF THE ESTATE OF ABBASS ALKHAFJI, DECEASED, INDIVIDUALLY AND AS NATURAL GUARDIAN OF HER MINOR CHILDREN, Appellant
v.
TIAA-CREF INDIVIDUAL AND INSTITUTIONAL SERVICES, LLC, AHMED ALKHAFAJI, ALLIAH ALKHAFAJI AND SHEAMEH ALKHAFAJI-ALDUAIISI, Appellees FATIN ALKHAFAJI, ADMINISTRATOR C.T.A. OF THE ESTATE OF ABBASS ALKHAFJI, DECEASED, INDIVIDUALLY AND AS NATURAL GUARDIAN OF HER MINOR CHILDREN, Appellant
v.
TIAA-CREF INDIVIDUAL AND INSTITUTIONAL SERVICES, LLC, AHMED ALKHAFAJI, ALLIAH ALKHAFAJI AND SHEAMEH ALKHAFAJI-ALDUAIISI, Appellees

ARGUED: April 11, 2012

Appeal from the Order of the Superior Court entered February 14, 2011 at Nos. 287 WDA 2010, 363 WDA 2010 reversing the Order of the Court of Common Pleas of Lawrence County, entered January 15, 2010 at No. 5 of 2008 O.C., and remanding.

ORDER

PER CURIAM

AND NOW, this 17th day of June, 2013, the Court being evenly divided, the Order of the Superior Court is AFFIRMED.

Former Justice Orie Melvin did not participate in the decision of this case.

Mr. Justice Saylor files an opinion in support of affirmance in which Mr. Chief Justice Castille joins.

Mr. Justice Eakin files an opinion in support of affirmance in which Mr. Chief Justice Castille joins.

Mr. Justice Baer files an opinion in support of reversal.

Madame Justice Todd files an opinion in support of reversal in which Messrs. Justice Baer and McCaffery join.


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