Welch v. Palka

983 A.2d 209, 603 Pa. 152, 2009 Pa. LEXIS 2415

• Court: Supreme Court of Pennsylvania
• Decided: November 18, 2009
• Docket: Appeal 9 MAP 2009
• Status: Published

Opinions

PER CURIAM.

AND NOW, this 18th day of November, 2009, the order of the Commonwealth Court of November 24, 2008, in the above matter, is AFFIRMED IN PART and REVERSED AND REMANDED IN PART. Specifically, the order of the Commonwealth Court is AFFIRMED to the extent that it dismisses with prejudice all relief requested by Appellant, James Welch, that deviates from the relief specifically provided for by 18 Pa.C.S. § 5726(a), which vests jurisdiction in the Commonwealth Court. However, contrary to the conclusion of the Commonwealth Court, it appearing that Appellant has specifically alleged violations of 18 Pa.C.S. § 5703 and 18 Pa.C.S. § 5741, and, absent full and sufficient legal analysis of these and related provisions by the Commonwealth Court establishing otherwise, it appearing that Appellant has alleged sufficient facts that may meet the criteria for establishing violations of these sections, the Commonwealth Court incorrectly concluded that it is clear and free from all doubt that Appellant has failed to plead a viable cause of action pursuant to 18 Pa.C.S. § 5726. Accordingly, the order of the Commonwealth Court is REVERSED IN PART, and this matter is REMANDED to the Commonwealth Court for further proceedings on Appellant’s 18 Pa.C.S. § 5726 claim. In those further proceedings, Appellant’s allegations may be tested, pursuant to any well-pled motion, by appropriate legal analysis of the applicable sections of the Wiretapping and Electronic Surveillance Control Act, taking into consideration, among other things, the provisions of 18 Pa.C.S. § 5703 and 18 Pa.C.S. § 5741 and the legislative definitions set forth at 18 Pa.C.S. § 5702, and any factual record established before the Commonwealth Court.

Chief Justice CASTILLE files a Concurring and Dissenting Statement, in which Justice EAKIN joins. Justice TODD dissents, and would affirm the order of the Commonwealth Court.