Popovitch v. Kasperlik, No. 3605.

CourtUnited States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
Writing for the CourtSCHOONMAKER
Citation59 F. Supp. 993
Docket NumberNo. 3605.
Decision Date11 April 1945
PartiesPOPOVITCH v. KASPERLIK.

59 F. Supp. 993

POPOVITCH
v.
KASPERLIK.

No. 3605.

District Court, W. D. Pennsylvania.

April 11, 1945.


Martin E. Cusick, George Mashank, Samuel Chiccarino, and Service, McNeal, Cusick & Isenberg, all of Sharon, Pa., for plaintiff.

Stranahan & Sampson, of Mercer, Pa., Williams, Stanley & Andrews, of Youngstown, Ohio, and Duff, Scott & Smith, of Pittsburgh, Pa., for defendant.

SCHOONMAKER, District Judge.

This case was removed to this court on petition of defendant, a citizen and resident of the State of Ohio.

The plaintiff has moved to remand the case to the State court on the following grounds:

(1) Said action is an action in rem relating to real property situate in the City of Sharon, Mercer County, Pennsylvania.

(2) Service of process was made upon the defendant pursuant to the Act of April 6, 1859, P.L. 387, 12 P.S. § 1254, which was authorized by special motion of the plaintiff because it related to an action in equity concerning lands situate or being within the jurisdiction of the Court of Common Pleas of Mercer County, Pennsylvania.

(3) Where a State court and a Federal court have concurrent jurisdiction of a cause of action, the first court assuming jurisdiction of the cause of action has exclusive jurisdiction of the same.

The complaint alleges that plaintiff is seventy-seven years old, and is unable to read or write.

The complaint further alleges that plaintiff was fraudulently induced by defendant, his daughter, on September 18, 1941, to execute and deliver to her a deed of all the real estate — being Lot No. 33 in the Lally and Irvine Addition in the City of Sharon, Mercer County, Pennsylvania — on her false representation that the paper he executed was a will, and that if he did not execute such will, the State would take all his property and put him on the street.

This deed reserved in plaintiff a life estate in this property, which life estate was cancelled by agreement made in September 1941, but was restored by a later agreement of June 5, 1942

The complaint further alleges that it was not until after June 5, 1942, the plaintiff discovered that defendant had a full and complete fee-simple title to his property subject to a life estate in himself; that since such discovery plaintiff has endeavored to resume control of his estate, and has demanded of defendant that she reconvey the property. Defendant has refused so to do.

The complaint asks that the alleged deed of September 18, 1941, and the...

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3 practice notes
  • State of New Jersey v. Moriarity, Civ. A. No. 262-64.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • March 31, 1967
    ...of competing suits; the question is simply whether the action begun in the State court may be removed here. Popovitch v. Kasperlik, 59 F.Supp. 993 (W.D. Pa., 1945). To the extent it may be conceptualized, while the case is here—until and unless it is remanded—there is no proceeding pending ......
  • MATTER OF TRUST CREATED BY HILL ON DEC. 31, 1917, No. Civ. 4-89-902.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • January 25, 1990
    ...of insurance policy); New Jersey v. Moriarity, 268 F.Supp. 546 (D.N.J.1967) (forfeiture of gambling contraband); Popovitch v. Kasperlik, 59 F.Supp. 993 (W.D.Pa.1945) (avoidance of 3 The statute provides: Upon petition of a trustee or beneficiary of a trust, the district or county court of t......
  • Rubin v. Air China Ltd., Case No.: 5:10-CV-05110-LHK
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • June 21, 2011
    ...show that the inconvenience he suffered has an economic component that is independent of his other economic damages claims. See Daniel, 59 F. Supp. at 993 (permitting a claim for inconvenience that "encompass[ed] economic damages"); see also Lee v. Am. Airlines, Inc., 2002 U.S. Dist. LEXIS ......
3 cases
  • State of New Jersey v. Moriarity, Civ. A. No. 262-64.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • March 31, 1967
    ...of competing suits; the question is simply whether the action begun in the State court may be removed here. Popovitch v. Kasperlik, 59 F.Supp. 993 (W.D. Pa., 1945). To the extent it may be conceptualized, while the case is here—until and unless it is remanded—there is no proceeding pending ......
  • MATTER OF TRUST CREATED BY HILL ON DEC. 31, 1917, No. Civ. 4-89-902.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • January 25, 1990
    ...of insurance policy); New Jersey v. Moriarity, 268 F.Supp. 546 (D.N.J.1967) (forfeiture of gambling contraband); Popovitch v. Kasperlik, 59 F.Supp. 993 (W.D.Pa.1945) (avoidance of 3 The statute provides: Upon petition of a trustee or beneficiary of a trust, the district or county court of t......
  • Rubin v. Air China Ltd., Case No.: 5:10-CV-05110-LHK
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • June 21, 2011
    ...show that the inconvenience he suffered has an economic component that is independent of his other economic damages claims. See Daniel, 59 F. Supp. at 993 (permitting a claim for inconvenience that "encompass[ed] economic damages"); see also Lee v. Am. Airlines, Inc., 2002 U.S. Di......

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