Legal Update: Motion for Reconsideration in Pennsylvania Case

By |

Grace Episcopal Alexandria

A few days ago, I received notice that the Pennsylvania court dismissed the case against perjuring priest Bob Malm without prejudice, meaning that the decision has no preclusive effect. While the court’s decision does not explain its reasoning, based on the oral arguments and the nature of the decision itself, I believe the court concluded that Mom’s written assignment of rights, made shortly before her death, was excludable as hearsay.

Assuming that is an accurate conclusion, the court’s decision was in error, for it is well-settled that written contracts, verbal contracts, contractual language and assignments of rights are not hearsay. Instead, they are independent acts that do not go to the truth or falsity of another matter. As such, they are evaluated on their own, and in the context of surrounding circumstances.

In the instant case, it is undisputed that Mom assigned all her legal rights as against perjuring priest Bob Malm, Grace Episcopal Church and the Episcopal Diocese of Virginia to me in writing prior to her death. She knew death was imminent, and she knew that litigation against perjuring priest Bob Malm and related parties was only weeks away. Thus, there should be no doubt that she effectuated a transfer of these rights to me—the only person for whom they would have value—prior to her death.

A copy of my motion for reconsideration is posted below. If this is unsuccessful, my plan is to bring suit in the Court of Common Pleas.