PA court agrees to reconsider murder-suicide disclosure

In a rare move, the Pennsylvania Superior Court agreed to hear re-argument of an appeal where the issue is whether a murder/suicide that takes place in the property is a “problem” that must be disclosed.

On November 29, 2011, the majority of a three-judge panel reversed a Delaware County trial court decision that the murder/suicide was not a material defect and therefore did not have to be disclosed.  Re-argument will take place before the Court, en banc.  Pursuant to internal operating procedures, the court en banc shall consist of up to nine of its members rather than three that are ordinarily assigned to an appeal.

The Order granting re-argument was issued February 3, 2012.  It ruled that the decision filed November 29, 2011, is withdrawn.

Clearly the issue, one of first impression in Pennsylvania, is sufficiently significant to warrant consideration by the Court, en banc.  PAR, through its legal counsel Caldwell & Kearns, joined the appellants in seeking reconsideration in an amicus capacity (friend of the court).  PAR will continue to lend its support by filing an amicus brief within the briefing schedule established by Court rules.