Alfhafaji, Aplt. v. TIAA-CREF (per curiam order)

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[J-45A-2012 and J-45B-2012] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT FATIN ALKHAFAJI, ADMINISTRATOR C.T.A. OF THE ESTATE OF ABBASS ALKHAFJI, DECEASED, INDIVIDUALLY AND AS NATURAL GUARDIAN OF HER MINOR CHILDREN, : : : : : : Appellant : : : v. : : : TIAA-CREF INDIVIDUAL AND : INSTITUTIONAL SERVICES, LLC, : AHMED ALKHAFAJI, ALLIAH ALKHAFAJI : AND SHEAMEH ALKHAFAJI-ALDUAIISI, : : Appellees : : No. 38 WAP 2011 FATIN ALKHAFAJI, ADMINISTRATOR C.T.A. OF THE ESTATE OF ABBASS ALKHAFJI, DECEASED, INDIVIDUALLY AND AS NATURAL GUARDIAN OF HER MINOR CHILDREN, No. 39 WAP 2011 : : : : : : Appellant : : : v. : : : TIAA-CREF INDIVIDUAL AND : INSTITUTIONAL SERVICES, LLC, : AHMED ALKHAFAJI, ALLIAH ALKHAFAJI : AND SHEAMEH ALKHAFAJI-ALDUAIISI, : : Appellees : : Appeal from the Order of the Superior Court entered February 14, 2011 at No. 287 WDA 2010, reversing the Order of the Court of Common Pleas of Lawrence County, entered January 15, 2010 at No. 5 of 2008 O.C., and remanding. ARGUED: April 11, 2012 Appeal from the Order of the Superior Court entered February 14, 2011 at No. 363 WDA 2010, reversing the Order of the Court of Common Pleas of Lawrence County, entered January 15, 2010 at No. 5 of 2008 O.C., and remanding. ARGUED: April 11, 2012 ORDER PER CURIAM AND NOW, this 17th day of June, 2013, the Court being evenly divided, the Order of the Superior Court is AFFIRMED. Former Justice Orie Melvin did not participate in the decision of this case. Mr. Justice Saylor files an opinion in support of affirmance in which Mr. Chief Justice Castille joins. Mr. Justice Eakin files an opinion in support of affirmance in which Mr. Chief Justice Castille joins. Mr. Justice Baer files an opinion in support of reversal. Madame Justice Todd files an opinion in support of reversal in which Messrs. Justice Baer and McCaffery join. [J-45A-2012 and J-45B-2012] - 2

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