IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
IN RE: TRUST UNDER DEED OF DAVID : No. 217 MAL 2016
P. KULIG DATED JANUARY 12, 2001 :
:
: Petition for Allowance of Appeal from
PETITION OF: CARRIE C. BUDKE AND : the Order of the Superior Court
JAMES H. KULIG :
ORDER
PER CURIAM
AND NOW, this 4th day of October, 2016, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by Petitioner, are:
a. When construing the unambiguous statute 20 Pa.C.S. §7710.2 in a
case of first impression (in this matter pertaining to the property
rights of a surviving spouse), may a court resort to legislative
comments while also: (a) contravening prior rulings of this Court, as
well as a recent decision from the same intermediate appellate
court regarding the same statutory enactment, which held that
comments shall not be considered when construing an
unambiguous statute, and (b) failing to consider whether the court’s
interpretation will lead to absurd or unreasonable results?
b. When construing the unambiguous statute 20 Pa.C.S. §7710.2 in a
case of first impression, may a court conclude that the Legislature
intended to reverse longstanding laws in the absence of any clear
indication on the face of the statutes, but instead based solely on
implication from a legislative comment?
Justices Donohue and Mundy did not participate in the consideration or decision
of this matter.