782 A.2d 545 COMMONWEALTH OF PENNSYLVANIA, Respondent v. LAMONT THOMAS, Petitioner. No. 92 EAL 2001.Supreme Court of Pennsylvania, Eastern District. June 5, 2001. No. 92 EAL 2001, Petition for Allowance of Appeal from the Memorandum Opinion of Superior Court. ORDER PER CURIAM: AND NOW, this 5th day of June, 2001, the petition for allowance of […]
Category: Pennsylvania Superior Court Opinions
HARRIS v. THE COURT OF COMMON PLEAS, 13 WM 2009 (Pa. 4-13-2009)
LEE R. HARRIS, Petitioner v. THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, Respondent. No. 13 WM 2009.Supreme Court of Pennsylvania, Western District. April 13, 2009. ORDER PER CURIAM. AND NOW, this 13th day of April, 2009, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Mandamus and/or […]
WEIBLEY v. WEIBLEY, 681 MAL 2009 (Pa. 10-9-2009)
12 A.3d 372 BARBARA J. WEIBLEY, Petitioner v. PAUL WEIBLEY, Respondent. No. 681 MAL 2009.Supreme Court of Pennsylvania, Middle District. October 9, 2009. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 9th day of October 2009, the Petition for Allowance of Appeal is denied.
PRUDENTIAL INS. CO. v. KAPLAN ET AL., 330 Pa. 33 (1938)
198 A. 68 Prudential Insurance Company of America, Appellant, v. Kaplan et al. Supreme Court of Pennsylvania.January 26, 1938. March 21, 1938. Fixtures — Landlord and tenant — Trade fixtures — Renewal by tenant — Termination of lease — Bowling alleys. 1. Where a tenant attaches to the land fixtures necessary for him in the […]
ALAN WOOD STEEL CO.-PENCO PROD. v. W.C.A.B., 567 Pa. 765 (2001)
790 A.2d 1019 ALAN WOOD STEEL CO.-PENCO PRODUCTS, v. WORKERS’ COMPENSATION APPEAL BOARD (POPE), PETITION OF: JONATHAN POPE. No. 0309 EAL 2001.Supreme Court of Pennsylvania, Eastern District. October 16, 2001. No. 0309 EAL 2001, Petition for Allowance of Appeal from the Memorandum and Order of the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 16TH […]
COM. v. HINES, 591 Pa. 723 (2007)
920 A.2d 830 Com. v. Hines.[19] No. 16 MAL 2006.Supreme Court of Pennsylvania. April 10, 2007. [19] Justice FITZGERALD did not participate in the consideration or decision of this matter. Appeal from the Superior Court Pa.Super., 918 A.2d 786. Dispositions of Petitions for Allowance of Appeals Denied.
DIPPLE v. PITTSBURGH, 373 Pa. 307 (1953)
95 A.2d 925 Dipple v. Pittsburgh, Appellant. Supreme Court of Pennsylvania.March 26, 1953. April 13, 1953. Appeals — Timeliness — Quashing. An appeal from an order of the court below which is not taken within three calendar months, as prescribed by statute, will be quashed by the appellate court of its own motion. Before STERN, […]
LONCARIC v. LUCAS, 410 Pa. 570 (1963)
189 A.2d 851 Loncaric v. Lucas, Appellant. Supreme Court of Pennsylvania.March 21, 1963. April 16, 1963. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ. Appeals, Nos. 285 and 286, March T., 1962, from order of Court of Common Pleas of Allegheny County, Jan. T., 1958, No. 2571, in case of Mary […]
BRUCK v. PENNSYLVANIA NAT. INS. CO., 548 Pa. 524 (1997)
698 A.2d 1305 Andrea BRUCK, individually and on behalf of all others similarly situated, Appellant v. PENNSYLVANIA NATIONAL INSURANCE COMPANIES, individually and on behalf of all others similarly situated, Appellee. Supreme Court of Pennsylvania.Argued: April 30, 1997. Decided: September 17, 1997. Appeal No. 0094 E.D. 1996, from the Order of Superior Court Dated March 5, […]
WILLIAMS v. PENNSYLVANIA BD., 592 Pa. 792 (2007)
927 A.2d 626 Williams v. Pennsylvania Bd. of Probation and Parole. No. 82 MAL (2007).Supreme Court of Pennsylvania. July 6, 2007. Appeal from the Commonwealth Court No. 1160 CD 2006. Dispositions of Petitions for Allowance of Appeals Denied.
COM. v. PROETTO, 567 Pa. 667 (2002)
790 A.2d 988 COMMONWEALTH OF PENNSYLVANIA, Respondent v. ROBERT D. PROETTO, Petitioner. Supreme Court of Pennsylvania, Middle District. January 31, 2002. No. 316 MAL 2001, Petition for Allowance of Appeal from Order of the Superior Court. Page 668 ORDER PER CURIAM. AND NOW, this 31st day of January, 2002, the Petition for Allowance of Appeal […]
PENNSYLVANIA CO., v. BERGSON, 307 Pa. 44 (1932)
159 A. 32 Pennsylvania Co. for Insurances on Lives and Granting Annuities, Trustee, v. Bergson, Appellant. Supreme Court of Pennsylvania.January 7, 1392. February 3, 1932. Taxation — Liability for taxes — Registered owner — Real owner — Agent and principal — Recoupment — Mortgage — Subrogation — Acts of February 3, 1824, 8 Sm. L. […]
OFFICE OF DISCIP. COUNSEL v. GOLDMAN, 1367 (Pa. 6-5-2008)
OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. STEVEN GOLDMAN, Respondent. Nos. 1367 Disciplinary Docket No. 3, 40 DB 2008.Supreme Court of Pennsylvania. June 5, 2008. Attorney Registration No. 35476 (Bucks County). ORDER PER CURIAM. AND NOW, this 5th day of June, 2008, there having been filed with this Court by Steven Goldman his verified Statement of […]
COM. v. RANKINS, 586 Pa. 737 (2005)
891 A.2d 731 COMMONWEALTH OF PENNSYLVANIA, Respondent v. MICHAEL RANKINS, Petitioner. Supreme Court of Pennsylvania, Middle District. December 21, 2005. No. 920 MAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 21st day of December, 2005, the Petition for Allowance of Appeal is DENIED.
COM. v. WILNER, 424 WAL 2010 (Pa. 1-31-2011)
14 A.3d 828 COMMONWEALTH OF PENNSYLVANIA, Respondent v. RUSSELL LEE WILNER, Petitioner. Nos. 424 WAL 2010 425 WAL 2010.Supreme Court of Pennsylvania, Western District. January 31, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 31st day of January, 2011, the Petition for Allowance of […]
McGRATH v. PENNA. SUGAR CO., 285 Pa. 84 (1926)
131 A. 926 McGrath v. Pennsylvania Sugar Co., Appellant. Supreme Court of Pennsylvania.November 25, 1925. January 4, 1926. Appeals — Second appeal — Evidence. 1. Where a case has been twice tried and twice appealed, the second appeal will be dismissed if the appellate court is of the opinion that the evidence at the second […]
ATLEE ESTATE, 406 Pa. 528 (1962)
178 A.2d 722 Atlee Estate. Supreme Court of Pennsylvania.January 3, 1962. March 13, 1962. Appeals — Standing to appeal — Words and Phrases — Aggrieved party — Moot question — Orphans’ Court Act of 1951. 1. Where testator made a gift to a named Presbyterian church and prescribed the terms upon which the gift “shall […]
MANNELLA v. PORT AUTH. OF ALLEGHENY CTY., 605 Pa. 409 (2010)
990 A.2d 1146 Anthony MANNELLA, by Mary MANNELLA, his attorney-in-fact, Petitioner v. PORT AUTHORITY OF ALLEGHENY COUNTY, Respondent. No. 529 WAL 2009.Supreme Court of Pennsylvania, Western District. March 16, 2010. Petition for Allowance of Appeal, No. 529 WAL 2009, from the Order of the Commonwealth Court. Prior report: Pa.Cmwlth., 982 A.2d 130. Page 410 ORDER […]
MAGUIRE v. WHEELER ET AL. (WALKER ET AL.), 317 Pa. 193 (1935)
176 A. 441 Maguire v. Wheeler et al. (Walker et al., Appellants). Supreme Court of Pennsylvania.December 6, 1934. January 7, 1935. Judgments — Conclusiveness — Third person not named in record — Third person principal and interested in subject-matter — Conduct of defense — Supplementary proceeding — Rule to show cause — Equity Rule 56. […]
COM. v. TAYLOR, 577 Pa. 718 (2004)
847 A.2d 1284 COMMONWEALTH OF PENNSYLVANIA, Respondent v. ANTHONY TAYLOR, Petitioner. No. 648 WAL 2003.Supreme Court of Pennsylvania, Western District. March 19, 2004. No. 648 WAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 19th day of March, 2004, the Petition for Allowance of […]
WHITENIGHT ET AL. v. WHITENIGHT, 444 Pa. 32 (1971)
278 A.2d 912 Whitenight et al., Appellants, v. Whitenight. Supreme Court of Pennsylvania.November 16, 1970. June 28, 1971. Decedents’ Estates — Claim to property by estate and by widow — Securities — Possession — Evidence — Widow’s interest in claim adverse to interest of decedent’s estate — Testimony and self-serving letter inadmissible because of “Dead […]
COM. v. HACKETT, 484 Pa. 43 (1979)
398 A.2d 651 COMMONWEALTH of Pennsylvania v. Thomas J. HACKETT, Appellant. Supreme Court of Pennsylvania.Submitted January 9, 1979. Decided March 14, 1979. Appeal from the Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, Imposed on Indictment Nos. 705 to 707, October Term, 1975, Alex Bonavitacola, J. Page 44 Eugene H. Clarke, Jr., Philadelphia, […]
COM. v. MILLER, 722 MAL 2010 (Pa. 2-9-2011)
17 A.3d 1253 COMMONWEALTH OF PENNSYLVANIA, Respondent v. TYRONE MILLER, Petitioner. No. 722 MAL 2010.Supreme Court of Pennsylvania, Middle District. February 9, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 9th day of February, 2011, the Petition for Allowance of Appeal is DENIED. Page […]
COM. v. BROWN, 588 Pa. 768 (2006)
905 A.2d 499 Com. v. Brown. 114 EAL (2006).Supreme Court of Pennsylvania. August 17, 2006 Appeal from the Pa.Super., 897 A.2d 514. Dispositions of Petitions for Allowance of Appeals Denied.
ROSENBAUM v. NEWHOFF, 396 Pa. 500 (1959)
152 A.2d 763 Rosenbaum v. Newhoff, Appellant. Supreme Court of Pennsylvania.November 18, 1958. June 30, 1959. Judgments — Lapse of time — Presumption of payment — Rebuttal — Revival of judgments — Writs of scire facias — Directing sheriff to return writs nihil habet — Effect of such direction. Where a Judgment creditor obtains a […]
COM. v. BRUNSON, 598 Pa. 762 (2008)
956 A.2d 431 Com. v. Brunson. No. 200 WAL 2008.Supreme Court of Pennsylvania. August 27, 2008. Appeal from the Superior Court Pa.Super., 953 A.2d 595. Dispositions of Petitions for Allowance of Appeals. DENIED.
INDEPENDENCE TWP. SCHOOL DIST. APPEAL, 412 Pa. 302 (1963)
194 A.2d 437 Independence Township School District Appeal. Supreme Court of Pennsylvania.Argued March 20, 1963. October 10, 1963. Taxation — Exemption — Quasi-public corporations — Common carrier — Pipeline company — Local real estate taxes — Constitutional law — Constitution of Pennsylvania — Article IX, §§ 1 and 2. 1. In this appeal in which […]
COM. v. MURPHY, 496 Pa. 139 (1981)
436 A.2d 192 COMMONWEALTH of Pennsylvania v. William MURPHY, Appellant. Supreme Court of Pennsylvania.Submitted September 14, 1981. Decided November 5, 1981. Appeal No. 80-1-157, from the Order of the Court of Common Pleas of Allegheny County, Criminal Division, at Nos. 167 OT January, 1969 and 166 OT January, 1969, Ralph H. Smith, Jr., Judge. Louis […]
BOSACK v. SCHUYLKILL COUNTY ET AL., 311 Pa. 157 (1933)
165 A. 393 Bosack, Appellant, v. Schuylkill County et al. Supreme Court of Pennsylvania.January 10, 1933. March 20, 1933. Counties — Bridges — Erection — Act of April 4, 1870, P. L. 834 — Repeal by Act of July 24, 1913, P. L. 1018, — Not revived by Act of May 2, 1929, P. L. […]
COM. v. TEMPLE, 596 Pa. 706 (2007)
940 A.2d 364 COMMONWEALTH OF PENNSYLVANIA, Respondent v. EUGENE RICHARD TEMPLE, Petitioner. No. 402 WAL 2007.Supreme Court of Pennsylvania, Western District. December 20, 2007. Appeal from the Pa.Super., 935 A.2d 24. Dispositions of Petitions for Allowance of Appeals Denied.
COMMONWEALTH v. BUTLER, 456 Pa. 607 (1974)
314 A.2d 18 Commonwealth v. Butler, Appellant. Supreme Court of Pennsylvania.Submitted November 21, 1973 Decided January 24, 1974 Before JONES, C. J., EAGEN, O’BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ. Appeal, No. 72, Jan. T., 1973, from judgment of sentence of Court of Common Pleas of Delaware County, March T., 1959, No. 420, in case […]
COM. v. HICKS, 586 Pa. 735 (2005)
891 A.2d 730 COMMONWEALTH OF PENNSYLVANIA, Respondent v. KEITH WAYNE HICKS, Petitioner. Supreme Court of Pennsylvania, Western District. December 21, 2005. No. 295 WAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 21st day of December, 2005, the Petition for Allowance of Appeal is […]
COM. v. MURPHY, 588 Pa. 779 (2006)
906 A.2d 541 Com. v. Murphy. 992 MAL (2005).Supreme Court of Pennsylvania. August 30, 2006 Appeal from the Pa.Super., 890 A.2d 1102. Dispositions of Petitions for Allowance of Appeals Denied.
PENNSY SUPPLY v. MUMMA, 594 Pa. 698 (2007)
934 A.2d 1278 Pennsy Supply, Inc. v. Mumma.[3] No. 344 MAL (2007).Supreme Court of Pennsylvania. October 22, 2007. [3] Justice SAYLOR did not participate in the consideration or decision of this matter. Appeal from the Commonwealth Court Pa.Super., 921 A.2d 1184. Dispositions of Petitions for Allowance of Appeals Denied. Page 699
BALDWIN TWP. S. DIST. v. P. T. C. CORP., 328 Pa. 17 (1937)
194 A. 900 Baldwin Township School District, Appellant, v. Pittsburgh Terminal Coal Corporation. Supreme Court of Pennsylvania.September 29, 1937. November 12, 1937. Practice — Payment into court — Actual amount in controversy — Jurisdiction of Supreme and Superior Courts. Where plaintiff rejects a tender by defendant of the amount admitted to be due and after […]
MISHON v. MISHON, 604 Pa. 699 (2009)
986 A.2d 152 ROSEMARIE MISHON, Respondent v. STEPHEN MISHON, Petitioner. No. 273 MAL 2009.Supreme Court of Pennsylvania, Middle District. October 27, 2009. Reconsideration Denied: December 2, 2009. Appeal from the Superior Court, Pa. Super., 968 A.2d 803 Dispositions of Petitions for Allowance of Appeals Denied.
HERB v. GEISINGER MED., 594 Pa. 680 (2007)
932 A.2d 1289 In re Herb v. Geisinger Medical Center; Danella. No. 208 MAL (2007).Supreme Court of Pennsylvania. September 26, 2007. Appeal from the Superior Court Pa.Super., 918 A.2d 794. Dispositions of Petitions for Allowance of Appeals Denied.
COM. v. ORIE, 470 WAL 2011 (Pa. 9-27-2011)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. JANE C. ORIE, Petitioner. No. 470 WAL 2011.Supreme Court of Pennsylvania, Western District. September 27, 2011. Petition for Allowance of Appeal from the Order of the Superior Court, at No. 33 WDM 2011, filed August 31, 2011. ORDER PER CURIAM. AND NOW, this 27th day of September, 2011, the Petition […]
IN RE DENKER, 578 Pa. 155 (2004)
849 A.2d 1202 In the Matter of AARON D. DENKER. Supreme Court of Pennsylvania. May 28, 2004. No. 196 Disciplinary Docket No. 3, Disciplinary Board No. 52 DB 1996, Attorney Registration No. 25023 (Out of State). ORDER PER CURIAM: AND NOW, this 28th day of May, 2004, upon consideration of the Report and Recommendations of […]
COM. v. TAYLOR, 491 Pa. 205 (1980)
420 A.2d 413 COMMONWEALTH of Pennsylvania v. Robert Carol TAYLOR. Supreme Court of Pennsylvania.Submitted May 19, 1980. Decided September 22, 1980. Appeal from the Court of Common Pleas, York County, No. 798 C.A. 1976. Laurence T. Himes, Jr., York, for appellant. Sheryl Ann Dorney, Asst. Dist. Atty., for appellee. Before EAGEN, C. J., and O’BRIEN, […]
COM. v. CHAPMAN, 584 Pa. 699 (2005)
882 A.2d 1004 COMMONWEALTH OF PENNSYLVANIA, Respondent v. BENJAMIN CHAPMAN, Petitioner. Supreme Court of Pennsylvania, Eastern District. September 13, 2005. No. 174 EAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 13th day of September, 2005, the Petition for Allowance of Appeal is hereby […]
RIVERSIDE TR. CO. v. TWITCHELL, 342 Pa. 558 (1941)
20 A.2d 768 Riverside Trust Company, Appellant v. Twitchell et al. Supreme Court of Pennsylvania.May 26, 1941. June 30, 1941. Trusts and trustees — Spendthrift trust — Construction — Intent of settlor. 1. Where there is an express provision forbidding anticipatory alienation and attachment by creditors, a spendthrift trust exists. [561-2] 2. The intent to […]
IN RE SMITH, 687 A.2d 1229 (Pa.Ct.Jud.Disc. 1996)
687 A.2d 1229 IN RE: Jeffrey Alan Smith, Judge of the Court of Common Pleas Court of Judicial Discipline Forty-Second Judicial District, Bradford County. Docket No. 1 JD 96.Court of Judicial Discipline of Pennsylvania. December 10, 1996. Page 1230 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]
CRAWFORD’S ESTATE, 320 Pa. 444 (1936)
182 A. 252 Crawford’s Estate. Supreme Court of Pennsylvania.October 3, 1935. January 10, 1936. Orphans’ court — Practice — Opening decree after audit — Absence of fraud — Decree entered by agreement — Notice of compromise — Interested party — Act of June 7, 1917, P. L. 447. 1. Where petitioner, who had been given […]
AT T v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, 558 Pa. 290 (1999)
737 A.2d 201 AT T, Appellee v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant SPRINT COMMUNICATIONS COMPANY, L.P., Appellee v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant APPEAL OF: THE DELAWARE AND HUDSON RAILWAY COMPANY, INC. [J-55-99]Supreme Court of Pennsylvania, Middle District.Argued: April 26, 1999. Decided: August 24, 1999. Appeal from the Order of the Commonwealth entered March 18, […]
COM. v. RAMBERT, 574 Pa. 743 (2003)
829 A.2d 311 COMMONWEALTH OF PENNSYLVANIA, Respondent v. ERIC X. RAMBERT, Petitioner. No. 83 WAL 2003.Supreme Court of Pennsylvania, Western District. July 9, 2003. No. 83 WAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 9th day of July, 2003, the Petition for Allowance […]
KELLY v. OXGROVE DEVELOPMENT CORP., 456 Pa. 306 (1974)
319 A.2d 424 Kelly v. Oxgrove Development Corporation, Appellant. Supreme Court of Pennsylvania.Argued January 10, 1974. Decided May 22, 1974. Agency — Real estate broker — Representing seller and buyer — Conflict of interest — Necessity for consent to dual agency — Burden of proof. 1. In order for the sale of realty to withstand […]
COM. v. NETTLES, 484 Pa. 156 (1979)
398 A.2d 991 COMMONWEALTH of Pennsylvania v. John NETTLES, Appellant. Supreme Court of Pennsylvania.Submitted January 8, 1979. Decided March 16, 1979. Appeal from the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Session, as of February Sessions, Nos. 36, 37 and 39, Lois G. Forer, J. Page 157 Richard E. Johnson, Philadelphia, for […]
YENTZER v. TAYLOR WINE COMPANY, 414 Pa. 272 (1964)
199 A.2d 463 Yentzer, Appellant, v. Taylor Wine Company. Supreme Court of Pennsylvania.Submitted January 10, 1964. April 21, 1964. Contracts — Sales — Implied warranties — Safe packaging — Fitness for purposes intended — Scope of warranties — Purchase by employe of purchaser — Champagne bottle — Uniform Commercial Code. 1. In this action of […]
COMMONWEALTH v. KAPLAN, TRADING AS BROAD SER. STA., 311 Pa. 539 (1933)
166 A. 883 Commonwealth, Appellant, v. Kaplan, trading as Broad Service Station. Supreme Court of Pennsylvania.April 17, 1933. May 22, 1933. Taxes — Payment to Commonwealth by check — Dealer in liquid fuels as tax collector — Gasoline tax — Negligence of Commonwealth in presenting check for payment — Laches — Liability of dealer — […]
COM. v. BROWN, 568 Pa. 714 (2002)
797 A.2d 909 COMMONWEALTH OF PENNSYLVANIA, Respondent v. RICKY BROWN, Petitioner. No. 579 EAL 2001.Supreme Court of Pennsylvania, Eastern District. April 16, 2002. No. 579 EAL 2001, Petition for Allowance of Appeal from Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 16th day of April, 2002, the Petition for Allowance of Appeal […]
BRODSTEIN DISBARMENT CASE, 408 Pa. 84 (1962)
182 A.2d 181 Brodstein Disbarment Case. Supreme Court of Pennsylvania.May 2, 1962. June 13, 1962. Appeals — Review — Affirmance by equally divided court — Attorneys — Disbarment. In this appeal an order of disbarment, based on the filing of fraudulent income tax returns, was affirmed by an equally divided court. Mr. Justice COHEN filed […]
COM. v. WALLS, 592 Pa. 557 (2007)
926 A.2d 957 COMMONWEALTH of Pennsylvania, Appellant, v. William Theodore WALLS, Appellee. No. 57 MAP 2005.Supreme Court of Pennsylvania.Argued May 8, 2006. Decided July 17, 2007. The Court of Common Pleas, Snyder County, Criminal Division, No. CR-0210-2002, Woelfel, J. Page 558 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
COMMONWEALTH v. DAVIS, 449 Pa. 468 (1972)
297 A.2d 817 Commonwealth v. Davis, Appellant. Supreme Court of Pennsylvania.April 17, 1972. November 30, 1972. Criminal Law — Murder — Homicide committed during perpetration of rape or sodomy — Charge to jury — Voluntary manslaughter as possible verdict — Malice — Presence of passion or provocation not negating malice. In this case, there was […]
COM. v. HUNZER, 584 Pa. 673 (2005)
880 A.2d 1237 COMMONWEALTH OF PENNSYLVANIA, Respondent, v. ADAM HUNZER, Petitioner. Supreme Court of Pennsylvania, Middle District. August 16, 2005. No. 327 MAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 16th day of August 2005, the Petition for Allowance of Appeal is hereby […]
TAYLOR ET AL. v. HEFFNER ET AL., 359 Pa. 157 (1948)
58 A.2d 450 Taylor et al., Appellants, v. Heffner et al. Supreme Court of Pennsylvania.March 24, 1948. April 22, 1948. Easements — Right of way — Location — Proof — Words and phrases — “As now used” — Scope of easement. 1. Where a right of way is expressly granted and its precise location and […]
EWAYS v. READING PARKING AUTHORITY, 385 Pa. 592 (1956)
124 A.2d 92 Eways v. Reading Parking Authority, Appellant. Supreme Court of Pennsylvania.March 16, 1956. Reargued May 25, 1956. June 25, 1956. Administrative law — Parking authorities — Reading Parking Authority — Powers — Courts — Scope of review — Administrative decisions — Parking Authority Law 1. In this action in equity in which the […]
FR S, INC. v. COM., DEPT. OF ENVTL. RESOURCES, 522 Pa. 114 (1989)
560 A.2d 128 FR S, INC., a Pennsylvania Corporation v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF ENVIRONMENTAL RESOURCES. Appeal of COMMONWEALTH, DEPARTMENT OF ENVIRONMENTAL RESOURCES AND ENVIRONMENTAL HEARING BOARD. Supreme Court of Pennsylvania.Argued May 3, 1989. Decided June 2, 1989. Appeal No. 16 M.D.Appeal Dkt. 1988 from Orders of Commonwealth Court entered February 22, 1988, at […]
KIMBERTON CO. v. COM., 520 Pa. 238 (1989)
553 A.2d 934 The KIMBERTON COMPANY, Appellant, v. COMMONWEALTH of Pennsylvania, Appellee. Supreme Court of Pennsylvania.Argued: May 11, 1988. Decided: February 3, 1989. Reconsideration Denied April 17, 1989. Appeal from the Commonwealth Court, Nos. 1457 and 1458 C.D. 1985, Doyle, J. Page 239 Michael Kubacki, Joseph C. Bright, Jr., Philadelphia, for appellant. Bartholomew J. DeLuca, […]
ZIMMERMAN v. HOLIDAY INNS OF AMER., INC., 438 Pa. 528 (1970)
266 A.2d 87 Zimmerman et al., Appellants, v. Holiday Inns of America, Inc. et al., Appellants. Supreme Court of Pennsylvania.November 20, 1969. May 28, 1970. Unfair Competition — Trade names — Legal right to exclusive use of word — Use by another of name or mark confusingly similar — Use of name likely to cause […]
COM. v. LOWTHER, 594 Pa. 687 (2007)
934 A.2d 73 Com. v. Lowther. No. 160 WAL (2007).Supreme Court of Pennsylvania. October 5, 2007. Appeal from the Commonwealth Court Pa.Super., 924 A.2d 694. Dispositions of Petitions for Allowance of Appeals Denied.
COM. v. BOYD, 598 Pa. 785 (2008)
959 A.2d 927 Com. v. Boyd. No. 188 WAL 2008.Supreme Court of Pennsylvania. October 17, 2008. Appeal from the Superior Court Pa.Super., 953 A.2d 594. Dispositions of Petitions for Allowance of Appeals. DENIED.
RUSSELL ESTATE, 385 Pa. 557 (1956)
123 A.2d 708 Russell Estate. Supreme Court of Pennsylvania.May 3, 1956. June 25, 1956. Gifts inter vivos — Elements — Chose in action — Delivery of check. 1. Where it appeared that A was considerably in arrears on support order payments to his wife, that six days after her counsel wrote to him concerning the […]
COM. v. WOODS, 596 Pa. 732 (2008)
940 A.2d 171 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DANIEL JAMES WOODS, III, Petitioner. No. 290 WAL 2007.Supreme Court of Pennsylvania, Western District. March 14, 2008. Appeal from the Pa.Super., 929 A.2d 250. Dispositions of Petitions for Allowance of Appeals Denied.
COM. v. HARDIN, 573 Pa. 689 (2003)
825 A.2d 637 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JAMES HARDIN, Petitioner. No. 683 WAL 2002.Supreme Court of Pennsylvania, Western District. May 28, 2003. No. 683 WAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 28th day of May, 2003, the Petition for Allowance of […]
OLIVER v. CITY OF PITTSBURGH, 31 WAP 2009 (Pa. 1-28-2011)
11 A.3d 960 CASSANDRA OLIVER, Appellant v. CITY OF PITTSBURGH, Appellee. No. 31 WAP 2009.Supreme Court of Pennsylvania, Western District.Argued: October 19, 2010. Decided: January 28, 2011. Appeal from the Order of the Commonwealth Court entered July 17, 2009 at No. 1441 CD 2008 reversing the Order of the Court of Common Pleas of Allegheny […]
ATRIA, INC. v. MT. LEBANON TWP. BD. OF ADJ., 438 Pa. 317 (1970)
264 A.2d 609 Atria, Inc. v. Mount Lebanon Township Board of Adjustment. Supreme Court of Pennsylvania.March 23, 1970. April 22, 1970. Municipalities — Zoning — Private driveway in residential district used by public in connection with parking lot serving a business in commercial district — Prior allowance of variance — Proposed use violative of ordinance […]
HUTCHINSON v. PENSKE TRUCK LEASING CO., 586 Pa. 771 (2006)
895 A.2d 1262 H. RYAN HUTCHINSON, Petitioner v. PENSKE TRUCK LEASING COMPANY AND PENSKE CORPORATION, KEYSTONE FOODS NORTH AMERICA, FREIGHTLINER, LLC AND McDONALD’S CORPORATION, Respondents. H. RYAN HUTCHINSON, Petitioner v. PENSKE TRUCK LEASING COMPANY[62] AND PENSKE CORPORATION AND FREIGHTLINER, LLC, Respondents. Supreme Court of Pennsylvania, Eastern District. March 29, 2006. [62] Justice BALDWIN did not […]
COM. v. BRACEY, 604 Pa. 459 (2009)
986 A.2d 128 COMMONWEALTH of Pennsylvania, Appellee v. Edward BRACEY, Appellant. No. 565 CAP.Supreme Court of Pennsylvania, Middle District.Submitted: May 15, 2009. Decided: December 29, 2009. Page 460 Appeal from the Court of Common Pleas, Philadelphia County, Criminal Division, No. CP-51-CR-0632821-1991, C. Darnell Jones, II, President Judge. Page 461 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
JOHNSON v. ALLSTATE INSURANCE CO., 182 MM 2008 (Pa. 12-17-2008)
DARRELL JOHNSON, Petitioner v. ALLSTATE INSURANCE COMPANY, Respondent. No. 182 MM 2008.Supreme Court of Pennsylvania, Middle District. December 17, 2008. ORDER PER CURIAM. AND NOW, this 17th day of December, 2008, the Application for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is DENIED.
COM. EX REL. BARNOSKY, v. MARONEY, 414 Pa. 161 (1964)
199 A.2d 424 Commonwealth ex rel. Barnosky, Appellant, v. Maroney. Supreme Court of Pennsylvania.Submitted March 25, 1964. April 21, 1964. Criminal law — Murder — Criminal procedure — Plea of guilty — Acceptance by court — Inquiries by court — Act of May 15, 1895, P. L. 71. 1. In this habeas corpus case in […]
GUSTINE UNIONTOWN v. ANTHONY CRANE RENTAL, 577 Pa. 14 (2004)
842 A.2d 334 GUSTINE UNIONTOWN ASSOCIATES, LTD., A PENNSYLVANIA LIMITED PARTNERSHIP, BY AND THROUGH GUSTINE UNIONTOWN, INC., GENERAL PARTNER v. ANTHONY CRANE RENTAL, INC., ANTHONY CRANE RENTAL, L.P., ARCHITECTURAL SERVICES GROUP, INC., CONSTRUCTION ENGINEERING CONSULTANTS, INC., GEOMECHANICS, INC., JABILLE DEVELOPMENT CORPORATION, MASCARO INCORPORATED, McMILLEN ENGINEERING, INC., P.C. YEZBAK SON, INC., PENN TRANSPORTATION SERVICES, INC., RUPRECHT, […]
PA. L. R. B. v. HEINEL MOTORS, 344 Pa. 238 (1942)
25 A.2d 306 Pennsylvania Labor Relations Board, Appellant, v. Heinel Motors, Inc. Supreme Court of Pennsylvania.January 26, 1942. March 23, 1942. Appeals — Parties — Pennsylvania Labor Relations Board — Appeal from order of common pleas reversing its decision — Act of June 1, 1937, P. L. 1168. 1. The Pennsylvania Labor Relations Board has […]
COM. v. McDOWELL, 378 EAL 2011 (Pa. 10-25-2011)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. JOHN McDOWELL, Petitioner. No. 378 EAL 2011.Supreme Court of Pennsylvania, Eastern District. October 25, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 25th day of October, 2011, the Petition for Allowance of Appeal is hereby DENIED. Page 1
COM. v. WEEDEN ET AL., 457 Pa. 436 (1974)
322 A.2d 343 Commonwealth v. Weeden and Reed, Appellants. Supreme Court of Pennsylvania.March 14, 1973. July 1, 1974. Criminal Law — Evidence — Confession — Involuntariness — Constitutional warnings — Waiver — Knowledge of specific crime involved. 1. A defendant is sufficiently alerted to the possibility of involvement in a criminal homicide case if the […]
HARRISBURG SCH. DIST. v. EUREKA CAS. CO., 310 Pa. 280 (1933)
165 A. 242 Harrisburg School District, Appellant, v. Eureka Casualty Co. Supreme Court of Pennsylvania.January 18, 1933. February 1, 1933. Appeals — Practice — Affidavit of defense — Discharge of rule for judgment — Case not free from doubt — Question for jury. A rule for judgment for want of a sufficient affidavit of defense […]
NOLDEN v. W.C.A.B. (CITY OF PITTSBURGH), 577 Pa. 692 (2004)
844 A.2d 554 MARY NOLDEN, WIDOW OF JAMES NOLDEN v. WORKERS’ COMPENSATION APPEAL BOARD (CITY OF PITTSBURGH), PETITION OF: CITY OF PITTSBURGH AND FRANK GATES SERVICE COMPANY. Supreme Court of Pennsylvania, Western District. February 26, 2004. Petition for Allowance of Appeal from the Order of the Commonwealth Court, No. 199 WAL 2003. ORDER PER CURIAM. […]
MONTECALVO v. VIGILANTE, 567 Pa. 763 (2001)
790 A.2d 1017 MARIA MONTECALVO, PETITIONER V. JACQUELINE VIGILANTE, ESQ., RICHARD KESSLER, ESQ., JOSHUA GINDIN, ESQ., PHYLLIS COLETTA, ESQ., JOSEPH YOUNGBLOOD, ESQ., AND GERALD CORCORAN, ESQ., RESPONDENTS. No. 344 EAL 2001.Supreme Court of Pennsylvania, Eastern District. November 19, 2001. No. 344 EAL 2001, Petition for Allowance of Appeal from the memorandum opinion of Superior Court. […]
REAMER’S ESTATE, 315 Pa. 148 (1934)
172 A. 655 Reamer’s Estate. Supreme Court of Pennsylvania.April 30, 1934. May 21, 1934. Executors and administrators — Nomination — Interest of parties. 1. One not financially interested in an intestate estate has no standing to nominate an administrator for it. [149] Decedents’ estates — Dissent and distribution — Adopting parent and adopted child — […]
COM. v. FORD, 578 Pa. 693 (2004)
851 A.2d 141 COMMONWEALTH OF PENNSYLVANIA, Respondent v. SALIM FORD, Petitioner. No. 433 EAL 2003.Supreme Court of Pennsylvania, Eastern District. May 19, 2004. No. 433 EAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 19th day of May, 2004, the Petition for Allowance of […]
TELEPO v. W.C.A.B., 586 Pa. 718 (2005)
889 A.2d 1219 LARRY TELEPO, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (GPU), Respondent. Supreme Court of Pennsylvania, Middle District. December 8, 2005. No. 762 MAL 2005, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM AND NOW, this 8th day of December, 2005, the Petition for Allowance of Appeal […]
PENNA. TRUST CO. v. KOLLER ET UX., 319 Pa. 249 (1935)
178 A. 814 Pennsylvania Trust Company v. Koller (et ux., Appellant). Supreme Court of Pennsylvania.April 17, 1935. May 13, 1935. Husband and wife — Bond given by — Liability of wife — Payment of purchase-money mortgage — Estate by entireties — Improvements on land. 1. A married woman is liable on a bond given by […]
COM. v. SCOTT, 602 Pa. 678 (2009)
981 A.2d 218 Com. v. Scott. No. 324 EAL 2009.Supreme Court of Pennsylvania, Eastern District. October 1, 2009. Appeal from the Superior Court, Pa.Super., 976 A.2d 1215. Dispositions of Petitions for Allowance of Appeals Denied.
HALPIN ET AL. v. ROCHESTER BORO., 281 Pa. 109 (1924)
126 A. 241 Halpin et al., Appellants, v. Rochester Borough. Supreme Court of Pennsylvania.May 19, 1924. July 8, 1924. Boroughs — Increase of debt — Constitutional limit — Floating debt — Assets collectible — Bonds — Notice — Constitution, art. IX, section 8 — Act of April 20, 1874, P. L. 65. 1. The notice […]
COM. v. PENNINGTON, 592 Pa. 788 (2007)
927 A.2d 624 Com. v. Pennington. No. 603 WAL (2006).Supreme Court of Pennsylvania. July 6, 2007. Appeal from the Superior Court Pa.Super., 915 A.2d 148. Dispositions of Petitions for Allowance of Appeals Denied.
BOLD v. BARBARA LINE BOLD, 921 MAL 2010 (Pa. 8-11-2011)
26 A.3d 1100 JOHN BOLD v. BARBARA LINE BOLD AND TOTAL LANDSCAPING, INC., PETITION OF: BARBARA LINDE BOLD. No. 921 MAL 2010.Supreme Court of Pennsylvania, Middle District. August 11, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 11th day of August, 2011, the Petition […]
COM. v. CHUNG-LEE, 184 MM 2008 (Pa. 12-17-2008)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. STEVEN CHUNG-LEE, Petitioner. No. 184 MM 2008.Supreme Court of Pennsylvania, Middle District. December 17, 2008. ORDER PER CURIAM. AND NOW, this 17th day of December, 2008, the Application for Leave to File Original Process is GRANTED, and the Petition for Writ of Mandamus and/or Extraordinary Relief is DENIED.
BURGER v. UNEMPLOY. COMPENSATION BD. REVIEW, 567 Pa. 746 (2001)
788 A.2d 379 DIANA A. BURGER, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent. No. 351 WAL 2001.Supreme Court of Pennsylvania, Western District. October 24, 2001. No. 351 WAL 2001, Petition for Allowance of Appeal from the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 24th day of October, 2001, the Petition for Allowance of […]
COM. v. DIXON, J-35-2004, 70 MAP 2003 (Pa. 7-22-2004)
854 A.2d 478 COMMONWEALTH OF PENNSYLVANIA, Appellant v. CHRISTOPHER ANTHONY DIXON, Appellee. No. 70 MAP 2003.Supreme Court of Pennsylvania, Middle District.Submitted: January 13, 2004. Decided: July 22, 2004. No. 70 MAP 2003, Appeal from the Order of the Court of Common Pleas, Lancaster County, Criminal Division, entered on 4/14/03 at No. 5855 CR 2002. Donald […]
STELEA v. NATIONWIDE MUTUAL INSURANCE COMPANY, 577 Pa. 698 (2004)
845 A.2d 819 RAZVAN C. STELEA AND STACEY STELEA, HIS WIFE, Petitioners v. NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent. No. 641 MAL 2003.Supreme Court of Pennsylvania, Middle District. March 1, 2004. No. 641 MAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 1st day of […]
BUNDY v. BELIN, 501 Pa. 255 (1983)
461 A.2d 197 Kenneth A. BUNDY, Richard Lininger, and Mark Vrahas, Appellants v. Carl A. BELIN, Jr., Appellee. Supreme Court of Pennsylvania.Argued March 8, 1983. Decided May 26, 1983. Appeal from the Common Pleas Court, Clearfield County, Civil Division, No. 82-2-EQU., John K. Reilly, President Judge. Page 256 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
BONFITTO v. NATIONWIDE MUT. INS. CO., 406 Pa. 184 (1962)
177 A.2d 453 Bonfitto, Appellant, v. Nationwide Mutual Insurance Company. Supreme Court of Pennsylvania.November 15, 1961. January 17, 1962. Judgments — Conclusiveness — Former trespass action — Successful defense of statute of limitations — Subsequent action in assumpsit — Action against tortfeasor’s isurer — Statement by claims adjuster. In this action of assumpsit on the […]
PETITIONS FOR ALLOWANCE OF APPEAL, 515 Pa. 576 (1987)
Supreme Court of Pennsylvania. 1987 Com. v. Martin ……. 6/8/87 8 M.D. Denied 362 Pa. Super. 637, (1987) 520 A.2d 1215 Com. v. Maxwell …… 4/30/87 1075 E.D. Denied 352 Pa. Super. 616, (1986) 505 A.2d 1034 Com. v. Miller ……. 5/4/87 659 E.D. Denied 356 Pa. Super. 618, (1986) 512 A.2d 1290 Com. v. […]
PRYNN ESTATE, 455 Pa. 192 (1974)
315 A.2d 265 Prynn Estate. Supreme Court of Pennsylvania.Argued November 28, 1973 Decided January 24, 1974 Wills — Charitable bequests — Made within thirty days of death — Objectors have standing only to the extent they would benefit by invalidity — Bequests in earlier will not considered new gifts if increased by revocation within thirty […]
KUNKEL v. VOGT., 354 Pa. 279 (1946)
47 A.2d 195 Kunkel, Appellant, v. Vogt. Supreme Court of Pennsylvania.April 11, 1946. May 29, 1946. Evidence — Principal and agent — Automobiles — Commercial vehicle — Presumption of agency — Effect — Proof of facts. 1. Where a commercial vehicle, the ownership of which is admitted by defendant, was operated, a factual presumption arises […]
COM. v. AXTEM, 603 Pa. 683 (2009)
982 A.2d 1227 COMMONWEALTH OF PENNSYLVANIA, Respondent v. MICHAEL AXTEM, Petitioner. No. 315 EAL 2009.Supreme Court of Pennsylvania, Eastern District. October 29, 2009. Appeal from the Superior Court, Pa.Super., 976 A.2d 1198. Dispositions of Petitions for Allowance of Appeals Denied.
COM. v. BROWN, MAYNARD, 959 A.2d 958 (Pa.Super. 2008)
Com. v. Brown, Maynard. No. 1154 MDA 2007.Superior Court of Pennsylvania. July 25, 2008. Appeal from the CP-08-CR-0000086-2007 (Bradford). Affirmed.
IN INTEREST OF J.K., 4 A.3d 192 (Pa.Super. 2010)
In Interest of J.K. No. 394 EDA 2009.Superior Court of Pennsylvania. May 14, 2010. Appeal from the JUVENILE #46180101 PETITION #00101-08-11 PP #1046509 (Philadelphia). Affirmed.
GREAP v. OBERDORFF, 178 Pa. Super. 153 (1955)
113 A.2d 339 Greap v. Oberdorff, Appellant. Superior Court of Pennsylvania.March 14, 1955. April 18, 1955. Workmen’s compensation — Employe or independent contractor — Control over manner of performance — Evidence — Credibility of witnesses — Findings of fact — Appellate review. 1. In a workmen’s compensation case, it was Held that (a) there was […]
DUBLIN SPORTSWEAR v. CHARLETT, 253 Pa. Super. 246 (1978)
384 A.2d 1325 DUBLIN SPORTSWEAR, a division of Genesco, Inc., a corporation, Appellee, v. Vincent CHARLETT, Individually and d/b/a Arthur Robert School of Beauty Culture, Appellant. Superior Court of Pennsylvania.Argued April 14, 1977. Decided April 13, 1978. Appeal from the Court of Common Pleas, Civil Division of Allegheny County, No. 2030 January Term, 1973, Barry, […]