HURLBURT v. COM., D.O.T., 572 Pa. 767 (2003)

819 A.2d 549 DUANE RICHARD HURLBURT, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondents. No. 602 MAL 2001.Supreme Court of Pennsylvania, Middle District. March 25, 2003. No. 602 MAL 2001, Petition for Allowance of Appeal from the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 25th day of March, 2003, […]

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ZOLITOR v. ELECTION BD., 518 Pa. 56 (1988)

540 A.2d 266 Jeffrey ZOLITOR, Paul Santangelo, George Vuotto, Russell Montalbano, John J. Carlin, Jr., Rocco F. SanFelice, Charles Hertzog and John Carpani, Appellants, v. ELECTION BOARD OF the COUNTY OF MONTGOMERY, County of Montgomery, Borough of Norristown, and Sally Ransom. Supreme Court of Pennsylvania.Argued April 11, 1988. Decided April 22, 1988. Appeal No. 21 […]

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COM. v. SMITH, 457 Pa. 638 (1974)

326 A.2d 60 Commonwealth v. Smith, Appellant. Supreme Court of Pennsylvania.May 21, 1974. October 16, 1974. Criminal Law — Evidence — Credibility of witnesses and weight of their testimony — Question for finder of facts — Sufficiency — Appellate review. 1. It is the exclusive province of the trier of facts to pass upon the […]

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COMMONWEALTH v. HOERNER, 436 Pa. 332 (1969)

260 A.2d 184 Commonwealth v. Hoerner, Petitioner. Supreme Court of Pennsylvania. December 18, 1969. Criminal Law — Counsel for defendant — Appeal — Petition for allocatur — Sufficiency — Required role of counsel as an advocate. In this case, it was Held that a petition for allocatur, prepared by counsel (and which failed to set […]

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IN RE ESTATE OF CHIARA, 467 Pa. 586 (1976)

359 A.2d 756 In re ESTATE of Constance CHIARA, Deceased. Appeal of Gloria C. MURPHY. Supreme Court of Pennsylvania.Argued May 6, 1975. Decided July 6, 1976. Appeal from the Court of Common Pleas, Orphans’ Court Division, Dauphin County, at No. 1145, 1969, Lee F. Swope, J. Page 587 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

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COM. v. BENNETT, 575 Pa. 691 (2003)

835 A.2d 709 COMMONWEALTH OF PENNSYLVANIA, Respondent v. GERALD BENNETT, Petitioner. No. 359 MAL 2003.Supreme Court of Pennsylvania, Middle District. November 12, 2003. No. 359 MAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 12th day of November 2003, the Petition for Allowance of […]

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DURHAM v. McELYNN, 565 Pa. 163 (2001)

772 A.2d 68 WARREN DURHAM, JR., Appellant v. CHRISTOPHER McELYNN, Appellee. [J-68-2001].Supreme Court of Pennsylvania, Western District.Submitted: March 2, 2001. Decided: May 21, 2001. No. 65 W.D. Appeal Docket 2000, Appeal from the order of Superior Court entered August 7, 2000, at No. 247 WDA 2000, affirming the order of the Court of Common Pleas […]

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COM. v. McNEIL, 916 MAL 2010 (Pa. 4-19-2011)

40 A.3d 1192, 21 A.3d 1192 COMMONWEALTH OF PENNSYLVANIA, Respondent v. SAMUEL LEWIS McNEIL, Petitioner. No. 916 MAL 2010.Supreme Court of Pennsylvania, Middle District. April 19, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 19th day of April 2011, the Petition for Allowance of […]

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IN THE MATTER OF HERMAN BLOOM, 543 Pa. 14 (1995)

669 A.2d 881 In the Matter of Herman BLOOM Petition for Reinstatement. No. 697, Disciplinary Docket No. 2.Supreme Court of Pennsylvania. November 30, 1995. ORDER PER CURIAM: AND NOW, this 30th day of November, 1995, upon consideration of the Report and Recommendations of the Disciplinary Page 15 Board of the Supreme Court of Pennsylvania dated […]

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PETITIONS FOR ALLOWANCE OF APPEAL, 534 Pa. 637 (1997)

Supreme Court of Pennsylvania. 1997 Com. v. Hornfeck …….. 6/7/93 0430 Denied 423 Pa.Super. W.D. 634, 616 A.2d (1992) 715 Com. v. Houze ……….. 6/9/93 0462 Denied 425 Pa.Super. M.D. 645, 620 A.2d (1992) 538 Com. v. Howell ………. 4/13/93 0518 Denied 424 Pa.Super. W.D. 645, 617 A.2d (1992) 389 Com. v. Iacono ………. 4/16/93 […]

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COM. v. CHAMBERS, 598 Pa. 779 (2008)

959 A.2d 318 Com. v. Chambers. No. 222 MAL 2008.Supreme Court of Pennsylvania. October 8, 2008. Appeal from the Superior Court Pa.Super., 953 A.2d 595. Dispositions of Petitions for Allowance of Appeals. DENIED.

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COM. v. WEST, 584 Pa. 701 (2005)

882 A.2d 1006 COM. v. WEST. No. 302 MAL (2005).Supreme Court of Pennsylvania. September 9, 2005. Appeal from the Superior Court, Pa.Super., 875 A.2d 394. Disposition of petition for allowance of appeals. Denied.

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COM. v. BOYD, 593 Pa. 754 (2007)

932 A.2d 74 Com. v. Boyd. No. 233 WAL 2007.Supreme Court of Pennsylvania. September 6, 2007. Appeal from the Pa. Super., 923 A.2d 513. Dispositions of Petitions For Allowance of Appeals Denied.

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P.R. v. DEPT. OF PUBLIC WELFARE, 564 Pa. 504 (2001)

769 A.2d 1116 P.R., Respondent, v. PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE, Petitioner. Supreme Court of Pennsylvania, Eastern District. March 14, 2001. Petition for Allowance of Appeal from the Published Opinion and Order of the Commonwealth Court No. 654 E.D. Alloc. Dkt. 2000. ORDER PER CURIAM. AND NOW, this 14th day of March, 2001, the Petition […]

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COM. v. FRANKLIN, 591 Pa. 680 (2007)

917 A.2d 312 Com. v. Franklin. No. 898 MAL 2006.Supreme Court of Pennsylvania. February 22, 2007. Appeal from the Superior Court Pa.Super., 911 A.2d 179. Dispositions of Petitions for Allowance of Appeals Denied.

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GOURLEY v. BOYLE, 346 Pa. 113 (1943)

29 A.2d 523 Gourley, Admrx., Appellant, v. Boyle. Supreme Court of Pennsylvania.December 2, 1942. January 4, 1943. Negligence — Automobiles — Intersection — Contributory negligence — Restatement, Torts. 1. In an action for personal injuries suffered by plaintiff when the automobile in which he was riding collided in a highway intersection with the defendant’s car […]

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COMMONWEALTH v. VASQUEZ-FLORES, 582 Pa. 685 (2005)

870 A.2d 319 COMMONWEALTH OF PENNSYLVANIA, Petitioner v. MANUEL VASQUEZ-FLORES, Respondent. Supreme Court of Pennsylvania, Middle District. March 8, 2005. No. 894 MAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 8th day of March, 2005, the Petition for Allowance of Appeal is hereby […]

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HEILWOOD FUEL CO. v. MANOR R. ESTATE CO., 405 Pa. 319 (1961)

175 A.2d 880 Heilwood Fuel Co., Inc., Appellant, v. Manor Real Estate Company, Appellant. Supreme Court of Pennsylvania.October 6, 1961. December 5, 1961. Practice — Preliminary objections — Dismissal of complaint — Clear case — Appellate review. 1. On an appeal from the dismissal of a complaint on preliminary objections the appellate court must accept […]

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COM. EX REL., DOBSON v. DIGUGLIELMO, 593 Pa. 519 (2007)

932 A.2d 875 COMMONWEALTH ex rel., Walter DOBSON, Petitioner, v. David DIGUGLIELMO, Superintendent Graterford Prison, Respondent. No. 112 EM 2007.Supreme Court of Pennsylvania. September 11, 2007. ORDER PER CURIAM. AND NOW, this 11th day of September, 2007, the Application for Leave to File Original Process is granted. The Petition for Writ of Habeas Corpus Ad […]

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COM. v. MITCHELL, 586 Pa. 710 (2005)

889 A.2d 1214 COM. v. MITCHELL. No. 83 EAL (2005).Supreme Court of Pennsylvania. November 23, 2005. Appeal from the Superior Court, Pa.Super., 872 A.2d 1273. Disposition of petition for allowance of appeal. Denied.

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SLACK v. SLACK, 594 Pa. 705 (2007)

936 A.2d 41 Slack v. Slack. No. 579 MAL (2007).Supreme Court of Pennsylvania. November 14, 2007. Appeal from the Commonwealth Court No. 3180 EDA 2006. Dispositions of Petitions for Allowance of Appeals Denied.

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PENNSBURY SCHOOL DIST. v. RUFE, 143 MM 2009 (Pa. 3-2-2010)

PENNSBURY SCHOOL DISTRICT AND JOHN F. McCLEARY, Petitioners v. HONORABLE JOHN J. RUFE, JUDGE OF THE COURT OF COMMON PLEAS OF BUCKS COUNTY, Respondent. No. 143 MM 2009.Supreme Court of Pennsylvania, Middle District. March 2, 2010. ORDER PER CURIAM. AND NOW, this 2nd day of March, 2009, the Petition for Writ of Mandamus and the […]

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PUBLIC FED. SAV. LOAN ASS’N v. NEUMANN, 508 Pa. 315 (1985)

496 A.2d 397 PUBLIC FEDERAL SAVINGS LOAN ASSOCIATION v. Herman NEUMANN, Petitioner. Supreme Court of Pennsylvania. May 28, 1985. Appeal No. 848 E.D. Allocatur Docket 1984 from Order of Superior Court entered Sept. 21, 1984, at No. 3333 Philadelphia Page 316 1982, 334 Pa. Super. 389, 483 A.2d 505 (1984), reversing and remanding Order of […]

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KNIGHT v. GULF REFINING COMPANY, 311 Pa. 357 (1933)

166 A. 880 Knight, Appellant, v. Gulf Refining Company. Supreme Court of Pennsylvania.April 19, 1933. May 22, 1933. Contracts — Modification of written contract by subsequent oral contract — Proof — Terms — Burden of proof — Quality of evidence. 1. Parties may, by subsequent oral agreement, modify a written contract which they previously have […]

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COLELLA v. ALLEGHENY COUNTY, 391 Pa. 103 (1958)

137 A.2d 265 Colella, Appellant, v. Allegheny County, Appellant. Supreme Court of Pennsylvania.October 8, 1957. January 8, 1958. Contracts — Rescission — Unilateral mistake — Public works — Sealed bids — Clerical error in computing bid — Acceptance of low bid — Bidder’s refusal to perform contract — Damages — Measure of damages — Limitation […]

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COM. v. MARVIN, 289 WAL 2005 (Pa. 10-18-2005)

887 A.2d 231 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DANIEL EUGENE MARVIN, Petitioner. No. 289 WAL 2005.Supreme Court of Pennsylvania, Western District. October 18, 2005. No. 289 WAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 18th day of October 2005, the Petition for Allowance […]

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COMMONWEALTH v. HUDSON COAL CO., 362 Pa. 184 (1949)

66 A.2d 766 Commonwealth, Appellant, v. Hudson Coal Company. Supreme Court of Pennsylvania.May 25, 1949. June 24, 1949. Commonwealth — Fees — Inspecting boilers — Boiler Inspection Act. Under the Boiler Inspection Act of May 2, 1929, P. L. 1513, as amended, the fees prescribed for certificates of operations may not be collected by the […]

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HOPEWELL TP. BD. OF SUP’RS v. GOLLA, 499 Pa. 246 (1982)

452 A.2d 1337 HOPEWELL TOWNSHIP BOARD OF SUPERVISORS and Hopewell Township Zoning Hearing Board, Appellants, v. Edward B. GOLLA and Elizabeth M. Golla, his wife, et al., Appellees. Supreme Court of Pennsylvania.Argued May 17, 1982. Decided November 5, 1982. Reargument Denied December 22, 1982. Appeal from the Common Pleas Court, York County, Albert G. Blakey, […]

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SCHLINE v. KINE, 301 Pa. 586 (1930)

152 A. 845 Schline, Appellant, v. Kine. Supreme Court of Pennsylvania.October 9, 1930. November 24, 1930. Appeals — Opening judgment — Discretion of court — Abuse — Collusion — Practice, C. P. — Fraud — Acts of May 20, 1891, P. L. 101, and July 9, 1897, P. L. 237. 1. The Act of May […]

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LONDON GROVE TP. v. REFUSE AUTHORITY, 517 Pa. 311 (1988)

535 A.2d 1052 LONDON GROVE TOWNSHIP, Appellant, v. SOUTHEASTERN CHESTER COUNTY REFUSE AUTHORITY. Supreme Court of Pennsylvania.Argued December 9, 1987. Decided January 19, 1988. Appeal No. 81 E.D. Appeal Dkt. 1987; from Order of Commonwealth Court, 102 Pa. Commw. 9, 517 A.2d 1002 (1986), entered November 6, 1986, at No. 1402 C.D. 1986, Affirming Order […]

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CARELLI v. LYTER, 430 Pa. 543 (1968)

244 A.2d 6 Carelli v. Lyter, Appellant. Supreme Court of Pennsylvania.May 25, 1967. July 1, 1968. Practice — Title to land — Dispute — Appropriate remedy — Action of ejectment — Action in equity — Courts — Jurisdiction — Test — Chancellor’s adjudication on merits — Effect — Pa. R. C. P. 1509(c) — Jones […]

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McDONALD v. LEVINSON STEEL CO., 302 Pa. 287 (1930)

153 A. 424 McDonald, Appellant, v. Levinson Steel Co. Supreme Court of Pennsylvania.October 7, 1930. November 24, 1930. Workmen’s compensation — Construction of Act of June 2, 1915, P. L. 736, article I, section 105, article II, section 203, and article III, section 302 (b) — Statutory employer — Principal contractor — Subcontractor — Owner […]

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MAKDAD v. ASGCRAFT, 569 Pa. 707 (2002)

805 A.2d 525 JOHN C. MAKDAD, Petitioner v. LLOYD AND NANCY ASHCRAFT, Respondents. No. 18 MAL 2002.Supreme Court of Pennsylvania, Middle District. July 30, 2002. No. 18 MAL 2002, Petition for Allowance of Appeal from the Superior Court. ORDER PER CURIAM: AND NOW, this 30th day of July, 2002, the Petition for Allowance of Appeal […]

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ESCH v. COM., DEPT. OF TRANSP., 579 Pa. 705 (2004)

857 A.2d 680 ROBERT AARON ESCH, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent. No. 67 WAL 2002.Supreme Court of Pennsylvania, Western District. August 25, 2004. No. 67 WAL 2002, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM. AND NOW, this 25th day […]

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COMMONWEALTH v. POPE, 447 Pa. 576 (1972)

287 A.2d 902 Commonwealth v. Pope, Appellant. Supreme Court of Pennsylvania. March 20, 1972. Submitted April 19, 1971. Before BELL, C. J., JONES, EAGEN, O’BRIEN, ROBERTS, POMEROY and BARBIERI, JJ. Appeal, No. 320, Jan. T., 1971, from orders of Superior Court, Oct. T., 1970, No. 1052, affirming order of Court of Common Pleas, Trial Division, […]

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CHELTEN AVE. BUILDING CORP. v. MAYER, 316 Pa. 228 (1934)

172 A. 675 Chelten Avenue Building Corporation v. Mayer, Appellant. Supreme Court of Pennsylvania.April 24, 1934. May 21, 1934. Landlord and tenant — Lease — Termination — Institution of ejectment — Successful defense by tenant — Eviction — Constructive eviction — Continued possession by tenant. 1. The institution of an action of ejectment against a […]

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LOWREY ET UX., v. HARVARD, INC., 443 Pa. 311 (1971)

278 A.2d 926 Lowrey et ux., Appellants, v. Harvard, Inc. Supreme Court of Pennsylvania.May 3, 1971. June 28, 1971. Practice — Judgments — Declaratory judgment — Facts in dispute. A dispute of facts in and of itself precludes the court from entertaining jurisdiction of a petition for a declaratory judgment Mr. Justice ROBERTS and Mr. […]

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WILSON v. BD. DIR. CITY TRUSTS ET AL., 324 Pa. 545 (1936)

188 A. 588 Wilson, Mayor v. Board of Directors of City Trusts et al., Appellants. Supreme Court of Pennsylvania.December 2, 1936. December 8, 1936. Trusts and trustees — Jurisdiction — Orphans’ court — Common pleas court — Testamentary trusts — Trusts inter vivos — Board of city trusts — Inspection of records by mayor — […]

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ZELOYLE v. BETTOR, 371 Pa. 546 (1952)

91 A.2d 901 Zeloyle v. Bettor, Appellant. Supreme Court of Pennsylvania.September 29, 1952. November 10, 1952. Municipalities — Third class cities — Mayor — Power — Chief of police — Demotion — Civil service rights — Third Class City Law — Third Class City Code. 1. Under § 2002 of The Third Class City Code […]

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COM. v. KELLY, 598 Pa. 756 (2008)

955 A.2d 356 Com. v. Kelly. No. 205 WAL 2008.Supreme Court of Pennsylvania. August 22, 2008. Appeal from the Superior Court Pa.Super., 953 A.2d 832. Dispositions of Petitions for Allowance of Appeals. DENIED.

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COM. v. McALLISTER, 577 Pa. 499 (2004)

846 A.2d 674 COMMONWEALTH OF PENNSYLVANIA, Petitioner v. DONALD McALLISTER, Respondent. Supreme Court of Pennsylvania, Middle District. Decided: April 13, 2004. No. 509 MAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. Prior report: 830 A.2d 1050. Page 500 ORDER PER CURIAM: AND NOW, this 13th day of April 2004, […]

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COM. v. SAXBERG, 572 Pa. 703 (2002)

813 A.2d 840 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JEFFREY N. SAXBERG, Petitioner. No. 832 MAL 2002.Supreme Court of Pennsylvania, Middle District. December 19, 2002. No. 832 MAL 2002, Petition for Allowance of Appeal from Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 19th day of December, 2002, the Petition for Allowance of […]

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COM. v. YARRIS, 519 Pa. 571 (1988)

549 A.2d 513 COMMONWEALTH of Pennsylvania, Appellee, v. Nicholas YARRIS, Appellant. Supreme Court of Pennsylvania.Argued April 11, 1988. Decided October 17, 1988. Reargument Denied December 2, 1988. Page 572 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 573 [EDITORS’ NOTE: THIS PAGE […]

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COM. v. BOSTON, 603 Pa. 700 (2009)

983 A.2d 1246 Com. v. Boston. No. 394 MAL 2009.Supreme Court of Pennsylvania, Middle District. November 24, 2009. Appeal from the Superior Court, Pa.Super., 974 A.2d 1198. Dispositions of Petitions for Allowance of Appeals Denied.

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LABORDA v. MARKEL ET AL., 434 Pa. 184 (1969)

252 A.2d 686 Laborda v. Markel et al., Appellants. Supreme Court of Pennsylvania.October 2, 1968. April 23, 1969. Negligence — Automobiles — Vehicles traveling in same direction in different lanes — Assured clear distance ahead — Distance between vehicles — Failure to use tire chains — Tractor-trailer. 1. In these actions, in which it appeared […]

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TAYLOR v. MISERICORDIA HOSPITAL, 604 Pa. 691 (2009)

985 A.2d 972 DANA TAYLOR, AS ADMINISTRATOR OF THE ESTATE OF MELVA TAYLOR, DECEASED, Petitioner v. MISERICORDIA HOSPITAL A/K/A T/A MERCY HOSPITAL OF PHILADELPHIA, WALTER F. WRENN, M.D., LEON CLARKE, M.D., EDOUARD MISSE, M.D., THOMAS JEFFERSON UNIVERSITY HOSPITAL, MICHAEL S. WEINSTEIN, M.D., BENJAMIN BRASLOW, M.D., AND SUZANNE L. HUFFNAGLE, D.O., Respondents. No. 130 EAL 2009.Supreme […]

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COM. v. BLACK, 480 Pa. 394 (1978)

390 A.2d 750 COMMONWEALTH of Pennsylvania v. Robert BLACK, Appellant (two cases). Supreme Court of Pennsylvania.Submitted April 10, 1978. Decided August 28, 1978. Appeal from the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, January Term, 1973, Nos. 701-703, Edward S. Blake, J. Page 395 David S. Winston, Philadelphia, for appellant. Edward […]

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COMMONWEALTH v. NORWOOD, 456 Pa. 330 (1974)

319 A.2d 908 Commonwealth v. Norwood, Appellant. Supreme Court of Pennsylvania.Argued April 23, 1973 Decided May 23, 1974 Criminal Law — Arrest — Probable cause — Informant’s tip together with personal observations of police officer. 1. In reviewing a warrantless arrest, the court must determine whether the facts and circumstances, within the knowledge of the […]

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COMMONWEALTH v. ROMBERGER, 454 Pa. 279 (1973)

312 A.2d 353 Commonwealth v. Romberger, Appellant. Supreme Court of Pennsylvania.May 23, 1972. September 19, 1973. Criminal Law — Evidence — Confession — Miranda warnings — Trial after decision in Miranda — Interrogation before that ruling — Definition of custody — Failure to advise suspect of right to free counsel, if indigent. 1. The safeguards […]

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COM. v. JOHNSON, 572 Pa. 722 (2002)

814 A.2d 676 COMMONWEALTH OF PENNSYLVANIA, Petitioner v. WILLIAM JOHNSON, Respondent. No. 599 MAL 2002.Supreme Court of Pennsylvania, Middle District. January 8, 2003. No. 599 MAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 8th day of January, 2003, the Petition for Allowance of […]

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COM. v. MELTON, 588 Pa. 778 (2006)

906 A.2d 540 Com. v. Melton.[4] 252 MAL (2006).Supreme Court of Pennsylvania. August 31, 2006 [4] Justice EAKIN did not participate in the consideration or decision of this matter. Appeal from the Pa.Super., 898 A.2d 1131. Dispositions of Petitions for Allowance of Appeals Denied.

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PETITIONS FOR ALLOWANCE OF APPEAL, 515 Pa. 569 (1987)

Supreme Court of Pennsylvania. 1987 Letham v. Krzyweicki ……… 4/10/87 105 W.D. Granted 352 Pa. Super. 622, (1986) (35 36 505 A.2d 1039 W.D. 1987) Letham v. Krzyweicki ……… 4/10/87 115 W.D. Denied 352 Pa. Super. 622, (1986) 505 A.2d 1039 McDonnell, In re Estate of ………. 4/20/87 511 W.D. Denied 359 Pa. Super. 632, […]

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IN RE A.S., 581 Pa. 668 (2004)

863 A.2d 1141 IN RE: A.S. AND E.S. PETITION OF: D.S. Nos. 132 EAL 2004 133 EAL 2004.Supreme Court of Pennsylvania, Eastern District. November 16, 2004. Nos. 132 133 EAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 16th day of November, 2004, the […]

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BUTRIN ET AL. v. MANION STEEL BARREL CO., 361 Pa. 166 (1949)

63 A.2d 345 Butrin et al., Appellants v. Manion Steel Barrel Company et al. Supreme Court of Pennsylvania.September 28, 1948. January 11, 1949. Workmen’s compensation — Course of employment — Going to and from work — Transportation provided by employer — Contract — Special duty — Emergency — Workmen’s Compensation Act. 1. Where the contract […]

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HARRIS v. COM., 566 Pa. 615 (2001)

783 A.2d 763 NARVA L. HARRIS, Appellant v. COMMONWEALTH OF PENNSYLVANIA, KUTZTOWN UNIVERSITY OF PENNSYLVANIA, STATE SYSTEM OF HIGHER EDUCATION COUNCIL 13, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, Appellees. Supreme Court of Pennsylvania, Middle District. Decided: September 27, 2001. No. 101 MAP 2001. ORDER PER CURIAM. AND NOW, this 27th day of […]

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DOLATA v. MATTA, 8 WM 2008 (Pa. 7-25-2008)

THOMAS JOSEPH DOLATA, Petitioner v. GEORGE MATTA, CLERK OF COURTS, ALLEGHENY COUNTY, Respondent. No. 8 WM 2008.Supreme Court of Pennsylvania, Western District. July 25, 2008. Petition for Writ of Mandamus. ORDER PER CURIAM. AND NOW, this 25th day of July, 2008, the Application for Leave to File Original Process is GRANTED, and the Petition for […]

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ESCHEAT OF $92,800, 361 Pa. 51 (1949)

62 A.2d 900 Escheat of $92,800. Rogers Appeal et al. Supreme Court of Pennsylvania.November 12, 1948. January 3, 1949. Appeals — Time — Escheat proceeding — Order awarding money to Commonwealth — Findings of trial judge. 1. Where, in an escheat proceeding, it appeared that before the taking of testimony was completed, one claimant renewed […]

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COMMONWEALTH v. HILLIARD, 471 Pa. 318 (1977)

370 A.2d 322 COMMONWEALTH of Pennsylvania v. Thomas HILLIARD, Appellant. Supreme Court of Pennsylvania.Argued June 24, 1975. Decided February 28, 1977. Appeal from the Court of Common Pleas, Philadelphia, Trial Division, Criminal Section, on Nos. 439-440, 442-443 February Term, 1973, James T. McDermott, J. Page 319 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]

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NUNLEY v. ENOS ET AL., 362 Pa. 199 (1949)

66 A.2d 835 Nunley v. Enos (et al., Appellant). Supreme Court of Pennsylvania.May 24, 1949. June 24, 1949. Principal and agent — Respondeat superior — Employe or independent contractor — Evidence — Jury question. Where defendant appealed from a judgment for plaintiff upon the ground that the person whose negligence caused the injury was an […]

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OVERLOOK DEV. CO. v. PUB. SER. COM. ET AL., 306 Pa. 43 (1932)

158 A. 869 Overlook Development Co. v. Public Service Commission et al., Appellants. Supreme Court of Pennsylvania.November 25, 1931. January 5, 1932. Constitutional law — Public service law — Statutory consideration — Water companies — Mains privately constructed — Facilities — Act of June 26, 1913, P. L. 1374 — Actions — Parties. 1. Water […]

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MILLER v. TCI OF PENNSYLVANIA, INC., J-232 (Pa. 12-10-1999)

GLENN MILLER, JANET HEIM AND KEYSTONE REAL ESTATE GROUP, Appellees v. TCI OF PENNSYLVANIA, INC., Appellant. No. J-232 OF 1999.Supreme Court of Pennsylvania, Middle District.Argued: November 15, 1999. Decided: December 10, 1999. Appeal from the Order of the Superior Court entered December 8, 1997, at No. 80 Harrisburg 1997, affirming the Order of the Court […]

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JOSEPH v. ROCHESTER MOTOR COACH CO., 380 Pa. 189 (1955)

110 A.2d 214 Joseph, Appellant, v. Rochester Motor Coach Company. Supreme Court of Pennsylvania.Argued September 30, 1954. January 3, 1955. Appeals — Review — Refusal of new trial — Weight of evidence. Where an appeal from the refusal to grant a new trial is on the ground that the verdict was against the evidence or […]

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SIMBECK v. COM., D.O.T., 573 Pa. 661 (2003)

820 A.2d 163 DANIEL ANTHONY SIMBECK, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Respondent. No. 537 WAL 2001.Supreme Court of Pennsylvania, Western District. March 25, 2003. No. 537 WAL 2001, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 25th day […]

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COM. v. MELTON, 598 Pa. 740 (2008)

953 A.2d 540 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JASON JAY MELTON, Petitioner. No. 524 WAL 2007.Supreme Court of Pennsylvania, Western District. May 14, 2008. Appeal from the Superior Court Pa.Super., 943 A.2d 318. Dispositions of Petitions for Allowance of Appeals. DENIED. Page 741

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HULIHAN v. COSTER, 582 Pa. 664 (2005)

868 A.2d 450 HULIHAN v. COSTER. No. 464 WAL (2004).Supreme Court of Pennsylvania. February 1, 2005. Appeal from the Superior Court, Pa.Super., 860 A.2d 1139. Disposition of petition for allowance of appeal denied.

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COM. v. BARKER, 948 MAL 2010 (Pa. 9-21-2011)

COMMONWEALTH OF PENNSYLVANIA, Respondent v. TERRANCE BARKER, Petitioner. No. 948 MAL 2010.Supreme Court of Pennsylvania, Middle District. September 21, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 21st day of September, 2011, the Petition for Allowance of Appeal isDENIED. Page 1

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PETITIONS FOR ALLOWANCE OF APPEAL, 549 Pa. 725 (1997)

702 A.2d 1058Supreme Court of Pennsylvania. 1997 Com. v. Hudson …… 10/6/97 251 Denied Pa.Super., E.D. 698 A.2d 1346 (1997) Com. v. Huntley ….. 10/28/97 530 Denied Pa.Super., M.D. 700 A.2d 1025 (1997) Com. v. Jackson ….. 10/10/97 243 Denied Pa.Super., E.D. 698 A.2d 666 (1997) Com. v. Johnson ….. 10/28/97 528 Denied Pa.Super., M.D. […]

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IN RE PASSODELIS, 569 Pa. 225 (2002)

802 A.2d 616 IN THE MATTER OF CHRISTOPHER PASSODELIS, JR. PETITION FOR REINSTATEMENT FROM INACTIVE STATUS. Supreme Court of Pennsylvania. June 7, 2002. No. 29 DB 2002 (No. 20 RST 2002), Attorney Registration No. 56361, (Allegheny County). ORDER PER CURIAM: AND NOW, this 7th day of June, 2002, The Report and Recommendations of The Disciplinary […]

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COM. v. HALL, 598 Pa. 763 (2008)

956 A.2d 432 Com. v. Hall[6] . No. 224 WAL 2008.Supreme Court of Pennsylvania. September 10, 2008. [6] Justice McCAFFERY did not participate in the consideration or decision of this matter. Appeal from the Superior Court Pa.Super., 953 A.2d 829. Dispositions of Petitions for Allowance of Appeals. DENIED.

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O’CONNOR v. O’CONNOR, 419 WAL 2004 (Pa. 1-3-2005)

JOHN D. O’CONNOR, Respondent v. MARIANNE O’CONNOR, Petitioner. No. 419 WAL 2004.Supreme Court of Pennsylvania, Western District. January 3, 2005. No. 419 WAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 3rd day of January 2005, the Petition for Allowance of Appeal is hereby […]

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SCANLON v. PITTSBURGH RYS. CO., 319 Pa. 477 (1935)

181 A. 565 Scanlon v. Pittsburgh Railways Company, Appellant. Supreme Court of Pennsylvania.October 16, 1935. November 25, 1935. Releases — Setting aside — Mental and physical condition of releasor — Evidence — Tender of consideration for release. 1. In a personal injury case in which the question at issue was the validity of a release […]

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COMMONWEALTH v. PASSMORE, 582 Pa. 673 (2005)

868 A.2d 1196 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JOHN PASSMORE, Petitioner. Supreme Court of Pennsylvania, Middle District. February 10, 2005. No. 904 MAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 10th day of February 2005, the Petition for Allowance of Appeal is DENIED.

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RUDOLPH v. PENNSYLVANIA BLUE SHIELD, 553 Pa. 9 (1998)

717 A.2d 508 Joseph P. RUDOLPH, M.D., Family Professional Center, P.C., a Professional Corporation and Family Professional Center Laboratory, Appellants, v. PENNSYLVANIA BLUE SHIELD, a Professional Health Service Corporation, Appellee. Supreme Court of Pennsylvania.Argued September 17, 1997. Decided August 21, 1998. Appeal from the Court of Common Pleas, Allegheny County, Civil Division, No. GD 87-22345, […]

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COM. v. SMITH, 581 Pa. 691 (2004)

864 A.2d 528 COMMONWEALTH OF PENNSYLVANIA, Respondent v. REYNALD SMITH, Petitioner. No. 347 EAL 2004.Supreme Court of Pennsylvania, Eastern District. December 20, 2004. No. 347 EAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 20th day of December 2004, the Petition for Allowance of […]

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COM. v. GARRUS, 574 Pa. 655 (2003)

832 A.2d 1063 COMMONWEALTH OF PENNSYLVANIA, Appellee v. NAKIA GARRUS, Appellant. [J-133-2003].Supreme Court of Pennsylvania, Eastern District. September 29, 2003. No. 11 EAP 2003, Appeal from the Judgment of the Superior Court at No. 2592 EDA 2001, entered on 10/18/2002, affirming the Judgment of Sentence entered on 05/08/2001 in the Court of Common Pleas, Philadelphia […]

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COM. v. MIKELL, 604 Pa. 688 (2009)

985 A.2d 971 COM. OF PENNSYLVANIA, Respondent v. WILLIAM C. MIKELL, Petitioner. No. 162 EAL 2009.Supreme Court of Pennsylvania, Eastern District. December 9, 2009. Appeal from the Superior Court, Pa.Super., 968 A.2d 779. Dispositions of Petitions for Allowance of Appeals Denied. Page 689

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COM. v. FAHY, 512 Pa. 298 (1986)

516 A.2d 689 COMMONWEALTH of Pennsylvania, Appellee, v. Henry P. FAHY, Appellant. Supreme Court of Pennsylvania.Argued January 22, 1985. Decided October 21, 1986. Appeal from the Court of Common Pleas, Philadelphia County, Criminal Division, Nos. 2284, 2286, 2888, 2289 February Term 1981, Albert F. Sabo, J. Page 299 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]

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DONEGAL MUTUAL INS. CO. v. KELLY, 12 MM 2010 (Pa. 7-7-2010)

DONEGAL MUTUAL INSURANCE COMPANY, Respondent v. ROBERT E. KELLY, JR., ESQ., AND KELLY, HOFFMAN, GODUTO, LLP, Petitioners. No. 12 MM 2010.Supreme Court of Pennsylvania, Middle District. July 7, 2010. ORDER PER CURIAM. AND NOW, this 7th day of July, 2010, the Petition for Review isDENIED. Page 1

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COM. v. WHITE, 598 Pa. 789 (2008)

959 A.2d 929 Com. v. White. No. 164 WAL 2008.Supreme Court of Pennsylvania. October 14, 2008. Appeal from the Superior Court Pa.Super., 951 A.2d 1220. Dispositions of Petitions for Allowance of Appeals. DENIED.

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COM. v. BURNSIDE, 603 Pa. 672 (2009)

982 A.2d 63 COMMONWEALTH OF PENNSYLVANIA, Respondent v. STEPHON BURNSIDE, Petitioner. No. 113 EAL 2009.Supreme Court of Pennsylvania, Eastern District. July 30, 2009. Appeal from the Superior Court, Pa.Super., 970 A.2d 464. Dispositions of Petitions for Allowance of Appeals Denied. Page 673

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COM. v. ARTHUR, 598 Pa. 745 (2008)

954 A.2d 574 COMMONWEALTH OF PENNSYLVANIA, Respondent v. MATTHEW ARTHUR, Petitioner. No. 9 EAL 2008.Supreme Court of Pennsylvania, Eastern District. July 25, 2008. Appeal from the Superior Court Pa.Super., 945 A.2d 755. Dispositions of Petitions for Allowance of Appeals. DENIED.

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COM. v. HULL, 572 Pa. 722 (2002)

814 A.2d 676 COMMONWEALTH OF PENNSYLVANIA, Respondent v. TERRY HULL, Petitioner. No. 529 MAL 2002.Supreme Court of Pennsylvania, Middle District. December 30, 2002. No. 529 MAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 30th day of December, 2002, the Petition for Allowance of […]

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COM. v. MAY, J-100-2004 (Pa. 11-23-2005)

887 A.2d 750 COMMONWEALTH OF PENNSYLVANIA, Appellee v. LANDON DANIEL MAY, Appellant. J-100-2004.Supreme Court of Pennsylvania, Eastern District.Argued: May 13, 2004. Decided: November 23, 2005. No. 412 CAP, Appeal from the Judgment of Sentence entered January 9, 2003 by the Court of Common Pleas, Criminal Division, Lancaster County at Nos. 4223 CR 2001, 4954 CR […]

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NEMON’S ESTATE, 301 Pa. 425 (1930)

152 A. 555 Nemon’s Estate. Supreme Court of Pennsylvania.September 29, 1930. November 24, 1930. Executors and administrators — Sale of real estate — Surcharge — Hotel — Depreciation in value. 1. Executors, administrators, trustees and guardians are not liable beyond what they actually receive, unless in case of gross negligence, for, when they act as […]

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KING v. W.C.A.B. (K-MART CORP.), 549 Pa. 75 (1997)

700 A.2d 431 Donna M. KING, Appellee, v. WORKMEN’S COMPENSATION APPEAL BOARD (K-MART CORPORATION), Appellant. Supreme Court of Pennsylvania.Argued October 15, 1996. Decided September 19, 1997. Appeal from the Workmen’s Compensation Appeal Board, No. A93-1884. Page 76 Patricia A. Mattern, Philadelphia, Gregory J. Davis, Ft. Washington, Dennis K. Barnes, Philadelphia, for K-Mart Corp. Kenneth M. […]

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McCLOSKEY ET AL. v. NORTHDALE W. M., 296 Pa. 265 (1929)

145 A. 846 McCloskey et al. v. Northdale Woolen Mills et al., Appellant. Supreme Court of Pennsylvania.February 5, 1929. March 18, 1929. Foreign attachment — Quashing writ — Duty of garnishee to defend — Acts of April 26, 1917, P. L. 102, and April 18, 1919, P. L. 72. 1. It is the right and […]

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COMMONWEALTH v. BELCHER, 462 Pa. 206 (1975)

340 A.2d 435 COMMONWEALTH of Pennsylvania v. Sammie BELCHER, Appellant. Supreme Court of Pennsylvania.Argued May 5, 1975. Decided July 7, 1975. Appeal from the Court of Common Pleas, Dauphin County, No. 1834 Criminal Division, 1973, Caldwell, J. J. Richard Oare, Jr., Harrisburg, for appellant. LeRoy S. Zimmerman, Dist. Atty., Marion E. MacIntyre, Edwin W. Frese, […]

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PETITIONS FOR ALLOWANCE OF APPEAL, 534 Pa. 638 (1997)

Supreme Court of Pennsylvania. 1997 Com. v. Owens ……….. 4/9/92 635 Denied 417 Pa.Super. W.D. 656, 603 A.2d (1991) 1081 Com. v. Penuela ……… 4/28/93 0800 Denied 426 Pa.Super. E.D. 640, 620 A.2d (1992) 1236 Com. v. Polston ……… 4/6/93 0807 Denied 420 Pa.Super. E.D. 233, 616 A.2d (1992) 669 Com. v. Przybycszewski .. 4/15/93 […]

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ADAMSON v. KLEMENSIC, 598 Pa. 754 (2008)

955 A.2d 355 Adamson v. Klemensic. No. 146 WAL 2008.Supreme Court of Pennsylvania. August 25, 2008. Appeal from the Superior Court Pa.Super., 945 A.2d 753. Dispositions of Petitions for Allowance of Appeals. DENIED.

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COM. EX REL. BURNAM v. WILSON, 599 Pa. 705 (2008)

962 A.2d 1194 COMMONWEALTH OF PENNSYLVANIA EX REL., JEROME BURNAM RELATOR, Petitioner v. HARRY WILSON, SUPERINTENDENT, ET AL. STATE CORRECTIONAL INSTITUTION FAYETTE, 50 OVERLOOK DRIVE LABELLE, PENNSYLVANIA 15450-0999, Respondent. No. 349 WAL 2008.Supreme Court of Pennsylvania, Western District. December 16, 2008. Appeal from the Pa.Super. 959 A.2d 956. Petitions for Allowance of Appeal Denied.

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COMMONWEALTH v. GILMORE, 447 Pa. 21 (1972)

288 A.2d 757 Commonwealth v. Gilmore, Appellant. Supreme Court of Pennsylvania. March 20, 1972. Criminal Law — Arrest — Probable cause — Evidence — Sufficiency of evidence to convict. 1. On appeal by defendant following conviction of murder in the first degree and sentence, in which it was contended by defendant that his conviction should […]

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RISBON v. COTTOM, 387 Pa. 155 (1956)

127 A.2d 101 Risbon, Appellant, v. Cottom. Supreme Court of Pennsylvania.Argued September 25, 1956 Decided November 27, 1956 Evidence — Admissibility — Hearsay — Impeached witness — Rehabilitating credibility — Words and phrases — Consonant statement. 1. A consonant declaration may be given in contradiction of evidence tending to show that the testimony at the […]

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HADHAZI v. ZERO ICE CORPORATION, 327 Pa. 558 (1937)

194 A. 908 Hadhazi, Appellant, v. Zero Ice Corporation. Supreme Court of Pennsylvania.September 29, 1937. November 12, 1937. Negligence — Automobiles — Pedestrian — Evidence. Evidence that the decedent, a pedestrian, was struck and killed by an automobile on a public highway, not at an intersection, and that the screech of brakes was heard just […]

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COM. v. DAVISH, 568 Pa. 655 (2000)

795 A.2d 970 COMMONWEALTH OF PENNSYLVANIA, Respondent v. RAYMOND DAVISH, Petitioner Supreme Court of Pennsylvania, Middle District. October 12, 2000. Petition for Allowance of Appeal from the Superior Court No. 422 M.D. Allocatur Docket 2000. ORDER PER CURIAM: AND NOW, this 12th day of October 2000, the petition for allowance of appeal is denied.

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SNYDER ESTATE, 368 Pa. 393 (1951)

84 A.2d 318 Snyder Estate. Supreme Court of Pennsylvania.October 1, 1951. November 13, 1951. Evidence — Payment — Written obligation for payment of money — Presumption — Burden of proof — Testimony. 1. The possession of an instrument in writing for the payment of money affords proof, prima facie, of a right in the holder […]

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IN RE ORDER AMENDING PA.R.A.P. No. 1512 (Pa. 9-30-2004)

IN RE: ORDER AMENDING Pa.R.A.P. No. 1512. Supreme Court of Pennsylvania. September 30, 2004. No. 157, Appellate Court Rules Docket No. 1. ORDER PER CURIAM AND NOW, this 30th day of September, 2004, upon the recommendation of the Appellate Court Procedural Rules Committee, this recommendation having been submitted without publication in the interest of justice, […]

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NAUSS v. SKENDALL, 567 Pa. 732 (2001)

786 A.2d 991 ROBERT NAUSS, Petitioner v. JOHN SKENDALL, SANDY NOVAKOWSKI, EDWARD BRENNAN, BRUCE MARQUARDT, MARILYN BROOKS, MARTIN HORN AND DR. D. SANNER, Respondents. No. 363 WAL 2001.Supreme Court of Pennsylvania, Western District. September 19, 2001. No. 363 WAL 2001, Petition for Allowance of Appeal from the order of the Commonwealth Court. ORDER PER CURIAM: […]

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IN MATTER OF BRASS-COREY, 508 (Pa. 9-19-2006)

In the Matter of SHARON BRASS-COREY A/K/A SHARON A.L. BRASS. PETITION FOR REINSTATEMENT. No. 508 Disciplinary Docket No. 3 — Supreme Court.Supreme Court of Pennsylvania. Decided: September 19, 2006. Disciplinary Board No. 25 DB 1999, Attorney Registration No. 34664 (Bucks County). ORDER PER CURIAM AND NOW, this 19th day of September, 2006, upon consideration of […]

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COM. v. ROBINSON (Pa. 11-2-2000)

COMMONWEALTH OF PENNSYLVANIA, Respondent v. JASON McKINELEY ROBINSON, Petitioner. Supreme Court of Pennsylvania, Middle District. November 2, 2000. Petition for Allowance of Appeal from Order of the Superior Court No. 462 M.D. Alloc. Dkt. 2000. ORDER PER CURIAM: AND NOW, this 2nd day of November, 2000, the Petition for Allowance of Appeal is DENIED.

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