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DELAWARE COUNTY v. J.P. MORGAN CHASE & CO.

827 A.2d 594 (2003)

DELAWARE COUNTY, Individually and on behalf of all others similarly situated, v. J.P. MORGAN CHASE & COMPANY, Mellon Financial Corporation, PNC Financial Services Group, Inc., and John Doe Banks Nos. 1 Through 300, et al., v. PNC Bank, National Association (sued as PNC Financial Services Group, Inc.), v. The Commonwealth of Pennsylvania, and The Honorable Barbara Hafer, Treasurer of the Commonwealth of Pennsylvania, Appeal of: PNC Bank, National: Association (sued as PNC Financial Services Group, Inc.), First Union Corporation, First Union National Bank, individually and as successors-in-interest to CoreStates Bank, NA, CoreStates Financial Corp., First Pennsylvania Bank, Southeast National Bank of Pennsylvania, Delaware County National Bank, Philadelphia National Bank, Meridian Bank, First Fidelity Bank, NA, and John Doe Banks Nos. 1 through 300, Appellants, v. Delaware County, Individually and on behalf of all others similarly situated, and The Honorable Barbara Hafer, Treasurer of the Commonwealth of Pennsylvania.

Commonwealth Court of Pennsylvania.

Decided July 1, 2003.

Attorney(s) appearing for the Case

Alan J. Davis, Philadelphia, for Appellant, PNC Bank.

C. Clark Hodgson, Philadelphia, for Appellant, First Union Corporation and First Union National Bank.

Marc L. Ackerman, Bala Cynwyd, Ronald G. Henry, Bryn Mawr, for Appellee, Delaware County.

John F. Smith, Phildelphia, for appellee, Mellon Finance.

Ronald G. Henry, Bryn Mawr, for appellee, Delaware County.

Linda S. Lloyd, Harrisburg, for Appellee, Commonwealth of Pennsylvania.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, and SIMPSON, Judge.

Opinion by Judge PELLEGRINI.1

PNC Bank, National Association (sued as PNC Financial Services Group, Inc.) (PNC) petitions for review of a June 10, 2002 order of the Court of Common Pleas of Delaware County (trial court) denying its motion to transfer to the Commonwealth Court of Pennsylvania the civil action brought by Delaware County in an attempt to recover unclaimed bond funds that had been escheated to the Commonwealth. First Union...

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