J. A27013/14
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
STATE FARM LIFE INSURANCE CO. : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
v. :
:
LISA JEAN NELSON SHAWARBY AND :
RASHA KHEDR SHAWARBY :
:
APPEAL OF: RASHA KHEDR :
SHAWARBY, : No. 1973 WDA 2013
:
Appellant :
Appeal from the Order November 20, 2013,
in the Court of Common Pleas of Cambria County
Civil Division at No. 2013-2999
BEFORE: FORD ELLIOTT, P.J.E., SHOGAN AND MUSMANNO, JJ.
JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.: FILED FEBRUARY 25, 2015
This case is related to another case docketed at No. 1972 WDA 2013,
captioned “Rasha Khedr Shawarby v. Amr Omar Shawarby and the Estate of
Amr Omar Shawarby, a/k/a AO Shawarby, deceased.” Our review reveals
appellant, Rasha Khedr Shawarby, filed a motion for consolidation of the two
cases at docket Nos. 1972 and 1973 WDA 2013. Appellant’s motion was
denied on March 26, 2014 by per curiam order.
Instantly, we have received duplicate copies of the briefs and
reproduced record filed at Docket No. 1972 WDA 2013 from appellant and
appellee, Amr Omar Shawarby and the Estate of Amr Omar Shawarby, a/k/a
AO Shawarby, deceased. State Farm Life Insurance Company has not filed a
J. A27013/14
brief. However, our review of a hearing transcript dated September 27,
2013, indicates State Farm Insurance Company was dismissed from the
case.
[Judge Fleming]: I’ll note for the record that
Jennifer Miller was present for State Farm Insurance
Company in chambers, and she was basically
dismissed upon agreement that State Farm has two
life insurance policies on behalf of Dr. Shawarby,
that all of the parties agree will be paid into the court
with interest from the date of demise, and then the
Prothonotary is going to be directed to hold those
monies in an interest bearing account because of the
amount of the funds. So because Attorney Miller
was then not involved in subsequent discussions, we
agreed that she didn’t need to be here for the
remaining proceedings and we assured her that we
would not obligate State Farm any further than that.
Notes of testimony, 9/27/13 at 3-4.
Because the issues raised in this appeal are the exact issues addressed
in the companion case and have been decided by our Memorandum decision
in that matter, we dismiss this duplicative appeal.
Appeal dismissed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/25/2015
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