Filing 52

ORDER 1. The Report & Recommendation, (Doc. 46), is ADOPTED for the reasons discussed therein. 2. Defendant Tina Tedesco's Objection,1 (Doc. 51), is OVERRULED. Tina Tedesco's objection, liberally construed, is that third degree murder is no t a killing under the Slayer Act. In Pennsylvania, however, a"record of a murder conviction conclusively establishes awilful and unlawful killing under the Slayer's Act." In re Klein's Estate, 378 A.2d 1182, 1186 n.21 (Pa. 1977). 3. Defendants John and Tina Tedesco's Motions to set aside the default judgements, (Docs. 36 &38). are DENIED.Signed by Honorable Robert D. Mariani on 12/16/16 (jfg)

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

STATE FARM LIFE INSURANCE
COMPANY,
Plaintiff,

v.

3:14·CV·1321
(JUDGE MARIANI)

JOHN TEDESCO, et al.,
Defendants.
.
AND NOW, THIS

£

~

ORDER
DAY OF DECEMBER, 2016, upon de novo review of

Magistrate Judge Carlson's Report &Recommendation, (Doc. 46), IT IS HEREBY
ORDERED THAT:
1. The Report & Recommendation, (Doc. 46), is ADOPTED for the reasons
discussed therein.
2. Defendant Tina Tedesco's Objection,1 (Doc. 51), is OVERRULED. Tina Tedesco's
objection, liberally construed, is that third degree murder is not a killing under the
Slayer Act. In Pennsylvania, however, a "record of a murder conviction
conclusively establishes a wilful and unlawful killing under the Slayer's Act." In re
Klein's Estate, 378 A.2d 1182, 1186 n.21 (Pa. 1977).
3. Defendants John and Tina Tedesco's Motions to set aside the default judgements,
(Docs. 36 & 38). are DENIED.

1 Defendant

John Tedesco did not submit any objections to the R&R.

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