Dorsey v. Redman

96 A.3d 332, 626 Pa. 195, 2014 WL 3579688, 2014 Pa. LEXIS 1765
CourtSupreme Court of Pennsylvania
DecidedJuly 21, 2014
StatusPublished
Cited by39 cases

This text of 96 A.3d 332 (Dorsey v. Redman) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dorsey v. Redman, 96 A.3d 332, 626 Pa. 195, 2014 WL 3579688, 2014 Pa. LEXIS 1765 (Pa. 2014).

Opinion

OPINION

Justice TODD.

In this appeal by allowance, we consider, inter alia, the applicability of governmental and official immunity1 under the Political Subdivision Tort Claims Act (“Tort Claims Act”)2 with respect to a claim alleging a violation of bonding requirements mandated under the Probate, Estates and Fiduciaries Code (“PEF Code”).3 Ultimately, we hold the General Assembly intended that 20 Pa.C.S.A. § 3172 of the PEF Code, which imposes liability on registers of wills and their sureties in granting letters of administration without security, created a targeted form of accountability for such registers, resting outside the scope of governmental and official immunity. Therefore, we find Donald Redman, the Fayette County Register of Wills (“Register”), is not immune under the Tort Claims Act from liability for an alleged violation of Section 3172. Further, we also determine, inter alia, that, in assessing the applicability of the defense of official immunity pursuant to 42 Pa.C.S.A. § 8546(2), the question is one for the court to determine, albeit, here, on [334]*334a more developed factual record. Thus, we affirm the order of the Commonwealth Court remanding the matter to the orphan’s court for further proceedings, consistent with the distinct reasoning set forth in our opinion today.

On January 30, 2006, Andre Leonti (“Decedent”), a resident of Brownsville, Fayette. County, Pennsylvania, died intestate. Thereafter, Cheryl Keefer, a purported friend of Decedent, filed a petition with the Register for the grant of .letters of administration which listed the heirs and personal assets of Decedent as “unknown” and indicated that there was no real estate. The Register refused to grant letters to Keefer because she did not have Decedent’s death certificate, was not his next of kin, and, therefore, was not a person entitled to letters under the PEF Code. 20 Pa.C.S.A. § 3155(b). In response, Keefer, through her attorney, filed a petition on February 1, 2006 to authorize the Register to issue letters to her without producing a death certificate and further directing the Mon Valley Hospital (“Hospital”) to release the remains of Decedent for a funeral and burial. Attached to this petition was a copy of a purported power of attorney executed by Decedent to her on January 10, 2006. In this petition, Keefer asserted that she had been a friend of the Decedent for 30 years and that he was unmarried at the time of his death, had no children or relatives, and that his parents had predeceased him. Keefer further reported that the Hospital would not release the body to her for burial because she was not a relative and that Decedent’s remains would only be released to her if she were appointed to handle Decedent’s estate. Furthermore, Keefer contended that she could not have funeral and burial services without estate assets to pay for these expenses, as well as other financial obligations of the estate.

No one contested this petition, and, on the same day the petition was filed, the orphan’s court issued an order (“Keefer Order”) authorizing and directing the Register to issue letters “without the necessity of requiring a death certificate,” and further ordering and directing the Hospital to release Decedent’s remains to Keefer for funeral and burial services. In compliance with this order, the Register issued letters to Keefer, but did not secure a bond from her. Several months later, on April 5, 2006, Keefer filed with the Register an inventory of the estate, indicating a total property value of $242,677.88.

One month later, Appellee Elvira Dorsey, a resident of Texas who claimed to be Decedent’s niece, became aware of Decedent’s estate, and her right to assets from the estate, as the alleged sole surviving heir of Decedent. Appellee petitioned for the removal of Keefer as administratrix. The orphan’s court granted Appellee’s petition, issued an order (“Dorsey Order”) removing Keefer as administratrix, and required Keefer to deliver to Appellee the custody and possession of Decedent’s estate’s assets. The court also, authorized and directed the Register to grant letters to Appellee upon presentation of an appropriate petition for the grant of letters. Keefer, however, did not deliver the assets of the estate to Appellee. Appellee was unable to locate the estate assets, and, therefore, Appellee obtained a second order from the orphan’s court mandating that Keefer deliver the custody and possession of the estate records and assets to Appellee.

On October 26, 2007, the orphan’s court issued an order holding Keefer in contempt, sentencing Keefer to six months imprisonment, and directing that a verdict be entered in favor of Appellee and against Keefer in the amount of $192,769.19. The court’s order further stated that “By copy [335]*335of this Court Order, [Appellee] may reduce such verdict to judgment in any appropriate office, whether that is the Office of the Register of Wills, or the Prothonotary, or both.” Orphan’s Court Order, 10/26/2007 (R.R. at 452). On November 13, 2007, Appellee filed praecipes for entry of judgment with the Fayette County Prothonota-ry and the Register to enter judgment against Keefer.

Thereafter, Appellee filed a complaint, as amended, against the Register, individually, and Western Surety Company (“Surety”).4 In her complaint, Appellee alleged that the Register and Surety were liable for damages resulting from the Register’s failure to secure bonding, which, Appellee asserted, was required by Section 3171 of the PEF Code when the Register issued letters to Keefer. Section 3171 of the PEF Code requires that, before letters may be granted to any personal representative, he or she must execute and file a bond in the name of the Commonwealth with sufficient surety in an amount the register deems necessary. 20 Pa.C.S.A. § 3171. Pursuant to Section 3172, “[i]f any register shall grant letters without having taken such bond as is required by law, he and his surety shall be liable to pay all damages which shall accrue to any person by reason thereof.” 20 Pa.C.S.A. § 3172.

In response, the Register and Surety filed a motion for summary judgment alleging, inter alia, immunity from liability pursuant to the Tort Claims Act, which provides that (1) “no local agency shall be liable for any damages on account of any injury to a person or property,” 42 Pa. C.S.A. § 8541; and (2) that an employee may be liable for civil damages on account of any injury to a person or property caused by his or her acts, “only to the same extent as his employing local agency and subject to the limitations imposed by this subchapter.” 42 Pa.C.SA. § 8545. Appellee filed a cross-motion for summary judgment alleging she was entitled to recover upon her verdict against Keefer, which was reduced to judgment, and that the Register was liable for the judgment under 20 Pa.C.S.A. § 3172, since he did not secure a bond from Keefer when he granted letters to her.

The trial court granted the Register and Surety’s motion, finding that the Register was entitled to immunity under Section 8541 of the Tort Claims Act, as the failure of a register to secure a bond is not one of the specific enumerated exceptions to immunity set forth in Section 8542 of the Act. Further, the trial court determined that the Commonwealth Court’s decision in Antonis v. Liberati, 821 A.2d 666

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Cite This Page — Counsel Stack

Bluebook (online)
96 A.3d 332, 626 Pa. 195, 2014 WL 3579688, 2014 Pa. LEXIS 1765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorsey-v-redman-pa-2014.