18 A.3d 244 COMMONWEALTH OF PENNSYLVANIA, Appellee v. MARK NEWTON SPOTZ, Appellant. No. 576 CAP.Supreme Court of Pennsylvania, Eastern District.Submitted: November 17, 2009. Decided: April 29, 2011. Appeal from the Order entered on 6/26/08 in the Court of Common Pleas, Criminal Division of Cumberland County at No. CP-21-CR-0000794-1995. PACASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, […]
Category: Pennsylvania Supreme Court Opinions
COM. v. BRUCE, 414 EAL 2004 (Pa. 3-23-2005)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. SCOTT BRUCE, Petitioner. No. 414 EAL 2004.Supreme Court of Pennsylvania, Eastern District. March 23, 2005. No. 414 EAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 23rd day of March, 2005, the Petition for Allowance of Appeal is hereby […]
INTEREST OF KALLINGER, 481 Pa. 185 (1978)
392 A.2d 309 In the Interest of Michael KALLINGER, a minor, Appellant. Supreme Court of Pennsylvania.Argued May 25, 1978. Decided October 5, 1978. Appeal from the Court of Common Pleas, Dauphin County, No. 26, Juvenile Division, 1975. Page 186 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]
COM. v. OGROD, 578 Pa. 167 (2004)
850 A.2d 614 COMMONWEALTH OF PENNSYLVANIA, Appellee v. WALTER OGROD, Appellant. [J-52-2002].Supreme Court of Pennsylvania, Eastern District. Filed: April 28, 2004. Application No. 306 Capital Appeal Docket for Reargument 839 A.2d 294. ORDER PER CURIAM. AND NOW, this 27th day of April, 2004, we DENY the Application for Reargument. Justice SAYLOR files a Dissenting Statement, […]
HANNACH’S ESTATE, 332 Pa. 145 (1938)
2 A.2d 711 Hannach’s Estate. Supreme Court of Pennsylvania.September 27, 1938. December 5, 1938. Wills — Construction — Ambiguous language — Income legatee — Death — Gift over. 1. In interpreting wills, a construction of ambiguous language which will lead to an unreasonable result should be avoided. [148] 2. A construction which gives effect to […]
COM. v. EDDINGS, 582 Pa. 571 (2005)
873 A.2d 704 COMMONWEALTH of Pennsylvania, Respondent, v. Harold Lee EDDINGS, Jr., Petitioner. Supreme Court of Pennsylvania, Western District. May 10, 2005. Petition for Allowance of Appeal No. 463 WAL 2004 from the Order of the Superior Court entered August 4, 2004, at No. 743 WDA 2003, dismissing the appeal from the Judgement of Sentence […]
DISPOSITIONS OF PETITIONS FOR ALLOWANCE OF APPEALS, 564 Pa. 700 (2000)
764 A.2d 1063Supreme Court of Pennsylvania. December 29, 2000. Disposition and Lower Court Docket Appeal Docket orTitle Date Number Docket Citation=========================================================================== Bell Atlantic-Pennsylvania, Inc. v. Communications Workers of America, AFL-CIO, Dist. 13 ……………. 12/29/2000 470 Denied Pa.Super., M.D. 758 A.2d 716 (2000) ===========================================================================
COM. v. YOUNG, 574 Pa. 747 (2003)
829 A.2d 1157 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DAVID YOUNG, Petitioner. No. 190 WAL 2002.Supreme Court of Pennsylvania, Western District. July 30, 2003. No. 190 WAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 30th day of July, 2003, the Petition for Allowance of […]
HEINEY WILL, 455 Pa. 574 (1974)
318 A.2d 700 Heiney Will. Supreme Court of Pennsylvania.Argued January 8, 1974 Decided March 25, 1974 Wills — Contest — Testamentary capacity is presumed — Forgery — Orphans’ court not bound by testimony of expert witness — Jury in will contest discretionary with orphans’ court — Appeal — Scope of review — Findings of fact […]
COM. v. PEREZ, 592 Pa. 766 (2007)
923 A.2d 1173 Com. v. Perez. No. 730 EAL (2007).Supreme Court of Pennsylvania. May 24, 2007. Appeal from the Superior Court Pa.Super., 918 A.2d 790. Dispositions of Petitions for Allowance of Appeals Denied.
IN RE AMENDMENT OF RULE 208(G) (Pa. 6-28-2006)
IN RE: Amendment of Rule 208(g) of the Pennsylvania Rules of Disciplinary Enforcement. Supreme Court of Pennsylvania. June 28, 2006. No. 53 Disciplinary Rules, Docket No. 1. ORDER PER CURIAM: AND NOW, this 28th day of June, 2006, Rule 208(g) of the Pennsylvania Rules of Disciplinary Enforcement is amended to read as attached hereto. This […]
CITY OF PHILADELPHIA v. W.C.A.B. (PALKA), 574 Pa. 776 (2003)
833 A.2d 144 CITY OF PHILADELPHIA, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PALKA), Respondent. No. 609 EAL 2002.Supreme Court of Pennsylvania, Eastern District. September 17, 2003. No. 609 EAL 2002, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM. AND NOW, this 17th day of September, 2003, the Petition […]
COM. v. NOLAN, 573 Pa. 684 (2004)
823 A.2d 144 COMMONWEALTH OF PENNSYLVANIA, Respondent v. CHARLES W. NOLAN, Petitioner. No. 967 MAL 2002.Supreme Court of Pennsylvania, Middle District. June 3, 2003. No. 967 MAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 3rd day of June, 2003, the Petition for Allowance […]
COM. v. MUSSARE, 281 Pa. 1 (1924)
124 A. 742 Commonwealth v. Mussare et al., Appellants. Supreme Court of Pennsylvania.April 28, 1924. May 27, 1924. Criminal law — Murder — New trial — After-discovered evidence — Corroboration — Evidence — Discretion of court. The lower court in a murder case does not abuse its discretion in refusing a new trial, where the […]
OFFICE OF DISCIPLINARY COUNSEL v. PORTIS, 546 Pa. 64 (1996)
683 A.2d 253 OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. Mary Pope PORTIS, Respondent. No. 248 Disciplinary Docket No. 3.Supreme Court of Pennsylvania. August 13, 1996. ORDER PER CURIAM: AND NOW, this 13th day of August, 1996, there having been filed with this Court by Mary Pope Portis her verified Page 65 Statement of Resignation dated […]
COM. v. BRANTLEY, 519 Pa. 315 (1988)
548 A.2d 250 COMMONWEALTH of Pennsylvania, Appellant, v. Marvin BRANTLEY, Appellee. Supreme Court of Pennsylvania.Submitted April 14, 1988. Decided October 14, 1988. Appeal No. 115 E.D. Appeal Docket 1987 from the Order of the Superior Court of Pennsylvania dated February 26, 1987, 364 Pa. Super. 643, 525 A.2d 813 (1987) at No. 503 Philadelphia 1986 […]
COM v. AFENZER, 574 Pa. 758 (2003)
831 A.2d 598 COMMONWEALTH OF PENNSYLVANIA, Respondent v. ELIYAHU AFENZER, Petitioner. No. 393 MAL 2003.Supreme Court of Pennsylvania, Middle District. September 16, 2003. No. 393 MAL 2003, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 16th day of September, 2003, the Petition for Allowance of […]
OFFICE OF DISCIPLINARY COUN. v. KELLY, 565 Pa. 254 (2001)
772 A.2d 955 OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. Geoffrey Paul KELLY, Respondent. No. 592 Disciplinary Docket No. 3.Supreme Court of Pennsylvania. March 19, 2001. ORDER PER CURIAM: AND NOW, this 19th day of March, 2001, there having been filed with this Court by Geoffrey Paul Kelly his verified Statement of Resignation dated January 29, […]
VALENTINE’S ESTATE, 297 Pa. 99 (1929)
146 A. 453 Valentine’s Estate. Supreme Court of Pennsylvania.April 23, 1929. May 13, 1929. Wills — Power of appointment — Blending — Taxation — Payment of debts — Intent. 1. Where a testatrix having a power of appointment directs the payment of all debts, without mention of the appointive estate, the direction means that such […]
COM. v. JOHNSON, 526 WAL 2010 (Pa. 2-2-2011)
14 A.3d 825 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DALE M. JOHNSON, Petitioner. No. 526 WAL 2010.Supreme Court of Pennsylvania, Western District. February 2, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 2nd day of February 2011, the Petition for Allowance of Appeal is DENIED. […]
COM. v. SEPULVEDA, 590 Pa. 659 (2006)
911 A.2d 935 Com. v. Sepulveda. No. 267 WAL (2006).Supreme Court of Pennsylvania. November 8, 2006. Appeal from the Pa.Super., 902 A.2d 982. Dispositions of Petitions for Allowance of Appeals Denied.
COM. v. HOSKINS, 588 Pa. 748 (2006)
902 A.2d 1240 Com. v. Hoskins. 99 WAL (2006).Supreme Court of Pennsylvania. July 06, 2006. Appeal from the Pa.Super., 895 A.2d 647. Dispositions of Petitions for Allowance of Appeals Denied.
COM. v. GARRISON, 478 Pa. 356 (1978)
386 A.2d 971 COMMONWEALTH of Pennsylvania v. Floyd GARRISON. Appeal of Bruce SAGEL, Esquire, Appellant. Supreme Court of Pennsylvania.Argued November 15, 1977. Decided May 5, 1978. Appeal from the Court of Common Pleas, Philadelphia, Trial Division, Criminal Section, Nos. 1645 and 1647, James T. McDermott, J. Page 357 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
DISCIPLINARY COUNSEL v. SHREVE, 535 Pa. 594 (1994)
637 A.2d 268 OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. David H. SHREVE, Respondent. No. 890, Disciplinary Docket No. 2. Disciplinary Board Nos. 89 DB 91 and 1 DB 92.Supreme Court of Pennsylvania. February 3, 1994. ORDER PER CURIAM: AND NOW, this 3rd day of February, 1994, a Rule having been issued upon respondent on November […]
COM. v. BEASLEY, 565 Pa. 662 (2001)
775 A.2d 801 COMMONWEALTH OF PENNSYLVANIA, Petitioner v. OLIVER JAMES BEASLEY, Respondent. Supreme Court of Pennsylvania, Western District. April 10, 2001. Petition for Allowance of Appeal from the Superior Court No. 644 W.D. Allocatur Docket 2000. ORDER PER CURIAM: AND NOW, this 10th day of April, 2001, the Petition for Allowance of Appeal is denied.
COMMONWEALTH HOLINKO v. ASHE, 290 Pa. 534 (1927)
139 A. 197 Commonwealth ex rel. Holinko v. Ashe, Warden. Supreme Court of Pennsylvania. June 25, 1927. Criminal law — Several counts in same indictment — Sentences — Separate or concurrent punishment — Acts of March 30, 1860, P. L. 410, and May 18, 1917, P. L. 241. 1. Where three counts in a bill […]
LINETT v. LINETT, 437 Pa. 138 (1970)
262 A.2d 849 Linett, Appellant, v. Linett. Supreme Court of Pennsylvania.November 11, 1969. January 30, 1970. Husband and Wife — Estates by entireties — Accounting — Wrongful exclusion of one spouse — Voluntary support of wife — Credit in accounting for support payments made under court order. Plaintiff brought this action in equity seeking an […]
O’PEIL v. STATE CIVIL SERV. COMM., 424 Pa. 151 (1967)
225 A.2d 546 O’Peil, Appellant, v. State Civil Service Commission. Supreme Court of Pennsylvania.November 15, 1966. January 6, 1967. Appeals — Review — Scope of review — Narrow certiorari — State Civil Service Commission — Civil Service Law. 1. Review in the Supreme Court of a decision of the State Civil Service Commission is on […]
COM. v. PRICE, 589 Pa. 738 (2006)
909 A.2d 1289 Com. v. Price. No. 205 EAL (2006).Supreme Court of Pennsylvania. October 17, 2006. Appeal from the Superior Court Pa.Super., 902 A.2d 981. Dispositions of Petitions for Allowance of Appeals Denied.
IN MATTER OF RAMMLER, 77 DB 2006 (Pa. 10-10-2006)
In the Matter of DAVID T. RAMMLER. PETITION FOR REINSTATEMENT FROM INACTIVE STATUS. Nos. 77 DB 2006, (No. 57 RST 2006).Supreme Court of Pennsylvania. October 10, 2006. Attorney Registration No. 17647, (Philadelphia). ORDER PER CURIAM: AND NOW, this 10th day of October, 2006, the Report and Recommendations of the Disciplinary Board dated September 7, 2006, […]
COM. v. HENTOSH, 509 Pa. 158 (1985)
501 A.2d 247 COMMONWEALTH of Pennsylvania v. Jerry HENTOSH, Petitioner. No. 217 W.D. Allocatur Docket, 1985.Supreme Court of Pennsylvania, Western District. December 3, 1985. PER CURIAM: PETITION GRANTED. ORDER OF THE SUPERIOR COURT ENTERED FEBRUARY 15, 1985 IS REVERSED, AND THIS MATTER IS REMANDED TO THE COURT OF COMMON PLEAS OF MERCER COUNTY FOR A […]
COM. v. JONES, 126 MAL 2005 (Pa. 8-5-2005)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. ROBERT F. JONES, Petitioner. No. 126 MAL 2005.Supreme Court of Pennsylvania, Middle District. August 5, 2005. No. 126 MAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 5th day of August 2005, the Petition for Allowance of Appeal is […]
PETITIONS FOR ALLOWANCE OF APPEAL, 514 Pa. 625 (1986)
Supreme Court of Pennsylvania. 1986 K.L.R.F., In re Adoption of ……. 2/24/87 553 W.D. Granted 356 Pa. Super. (1986) 555, 515 A.2d 33 K.L.R.F., In re Adoption of ……. 2/24/87 554 W.D. Granted 356 Pa. Super. (1986) 555, 515 A.2d 33 K.L.R.F., Petition of ……………. 2/24/87 554 W.D. Granted 356 Pa. Super. (1986) 555, 515 […]
SKEPTON v. BOROUGH OF WILSON, 562 Pa. 344 (2000)
755 A.2d 1267 FRANKLIN E. SKEPTON, JOSEPH BOZZELLI, INDIVIDUALLY AND T/A J.B. PLUMBING COMPANY AND DUAL TEMP CO., INC., v. BOROUGH OF WILSON, APPEAL OF: FRANKLIN E. SKEPTON, JOSEPH BOZZELLI, Individually and t/a J.B. PLUMBING COMPANY (AT 230 M.D. APPEAL DKT. 1999). APPEAL OF: DUAL TEMP CO., INC. (AT 231 M.D. APPEAL DOCKET, 1999). [J-010-00].Supreme […]
DAVIS v. TREDWELL ET AL., 347 Pa. 341 (1943)
32 A.2d 411 Davis v. Tredwell (et al.), Appellant. Supreme Court of Pennsylvania.May 11, 1943. May 26, 1943. Principal and agent — Proof of agency — Evidence — Sufficiency — Inferences — Jury question. 1. Where the facts are in dispute or more than one inference can be drawn therefrom, the issue whether or not […]
UNION NAT’L. BANK OF PITTSBURGH v. CIONGOLI, 529 Pa. 436 (1992)
604 A.2d 1023 UNION NATIONAL BANK OF PITTSBURGH, Assignee of Housing Mortgage Corporation v. James A. CIONGOLI and Louise T. Ciongoli, his wife. Appeal of Louise T. CIONGOLI. Supreme Court of Pennsylvania.Argued March 12, 1992. Decided April 16, 1992. Appeal No. 71 W.D. Appeal Dkt. 1990 from Order of Superior Court entered April 27, 1989, […]
MODESTA v. S. EASTERN PA. TRANSP. AUTH., 503 Pa. 437 (1983)
469 A.2d 1019 Patricia MODESTA, Appellant, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellee. Supreme Court of Pennsylvania.Argued October 18, 1983. Decided December 21, 1983. Appeal from the Court of Common Pleas, Philadelphia County, Civil Trial Division, No. 392 March Term 1980, Goldman, J. Page 438 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]
BOUDWIN v. BOUDWIN, 320 Pa. 147 (1936)
182 A. 536 Boudwin v. Boudwin, Appellant. Supreme Court of Pennsylvania.November 29, 1935. January 6, 1936. Courts — Jurisdiction — Nonresident — Service of process outside State — Husband and wife — Proceeding by wife for support — Proceeding in rem — Acts of May 23, 1907, P. L. 227; April 27, 1909, P. L. […]
HAYES v. AXELROD, 332 Pa. 518 (1939)
3 A.2d 346 Hayes v. Axelrod, Appellant. Supreme Court of Pennsylvania.December 9, 1938. January 9, 1939. Negligence — Automobiles — Person in full view — Person standing on step of vehicle — Evidence — Contributory negligence. 1. To drive into a pedestrian who is in full view and does not suddenly change his course is […]
VOLWIEDER v. COM., 590 Pa. 664 (2006)
911 A.2d 938 Volwieder v. Com., Dept. of Transp., Bureau of Driver Licensing. No. 493 MAL (2006).Supreme Court of Pennsylvania. November 8, 2006. Appeal from the Pa.Cmwlth., 875 A.2d 422. Dispositions of Petitions for Allowance of Appeals Denied.
COMMONWEALTH v. NIEVES, 542 Pa. 613 (1995)
669 A.2d 338 COMMONWEALTH of Pennsylvania v. William NIEVES, Appellant. Supreme Court of Pennsylvania.Argued: December 5, 1995. Decided: December 29, 1995. Appeal No. 82 Capital Appeal Docket from Judgment of Sentence of Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, entered October 24, 1994, at Nos. 0970 and 0972, October Term, 1993. Jack […]
COM. v. VAZQUEZ, 592 Pa. 766 (2007)
923 A.2d 1174 Com. v. Vazquez. No. 24 EAL (2007).Supreme Court of Pennsylvania. May 10, 2007. Appeal from the Superior Court Pa.Super., 918 A.2d 792. Dispositions of Petitions for Allowance of Appeals Denied. Page 767
RIKER v. W.C.A.B., 592 Pa. 769 (2007)
923 A.2d 1175 Riker v. W.C.A.B. (Globe Ticket and Label CO.). No. 18 EAL (2006).Supreme Court of Pennsylvania. May 22, 2007. Appeal from the Commonwealth Court No. 643 CD 2006. Dispositions of Petitions For Allowance of Appeals Denied.
COM. v. HAMMOND, 565 Pa. 665 (2001)
775 A.2d 802 COMMONWEALTH OF PENNSYLVANIA, Respondent v. CHRISTOPHER WADE HAMMOND, Petitioner. No. 730 M.D. Alloc. Dkt. 2000.Supreme Court of Pennsylvania, Middle District. June 4, 2001. 730 M.D. Alloc. Dkt. 2000 Petition for Allowance of Appeal from the Superior Court. ORDER PER CURIAM: AND NOW, this 4th day of June, 2001, the Petition for Allowance […]
CONSTANTINO v. CARBON COUNTY, 588 Pa. 785 (2006)
906 A.2d 544 Constantino v. Carbon County Tax Claim Bureau. 96 MAL (2006).Supreme Court of Pennsylvania. August 9, 2006 Appeal from the Pa.Cmwlth., 895 A.2d 72. Dispositions of Petitions for Allowance of Appeals Denied.
PETITIONS FOR ALLOWANCE OF APPEAL, 536 Pa. 649 (1997)
Supreme Court of Pennsylvania. 1997 Pennsylvania Liquor Control Bd. v. Atiyeh[37] …….. 2/9/94 0451 Denied 157 Pa.Cmwlth. M.D. 28, (1993) 629 A.2d 182 Sarko v. Stoyer[36] . 2/23/94 0297 Denied 154 Pa.Cmwlth. M.D. 44, (1993) 621 A.2d 1244 Stroud Tp. Police Dept. Ass’n v. Stroud Tp.[36] …. 2/23/94 0342 Denied 157 Pa.Cmwlth. M.D. 228, (1993) […]
COM. v. ELLISON, 162 MM 2006 (Pa. 12-7-2006)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. ROBERT LOUIS ELLISON, Petitioner. No. 162 MM 2006.Supreme Court of Pennsylvania, Middle District. December 7, 2006. ORDER PER CURIAM. AND NOW, this 7th day of December, 2006, the Application for Leave to File Original Process is granted and the Petition for Writ of Mandamus is denied.
COM. v. SMITH, 601 Pa. 696 (2009)
972 A.2d 522 Com. v. Smith. No. 46 MAL 2008.Supreme Court of Pennsylvania. June 1, 2009. Appeal from the Superior Court Pa.Super., 944 A.2d 803. Dispositions of Petitions for Allowance of Appeals Denied.
COMMONWEALTH v. SCHWARTZ, 445 Pa. 515 (1971)
285 A.2d 154 Commonwealth v. Schwartz, Appellant. Supreme Court of Pennsylvania.November 25, 1970. December 20, 1971. Criminal Law — Felony murder — Conspiracy — Contention by defendant that he attempted to withdraw from the planned burglary and robbery before it began — Slaying alleged to be deliberate act of co-felon and not in furtherance of […]
COM. v. PULLIAM, 567 Pa. 759 (2001)
790 A.2d 1015 COMMONWEALTH OF PENNSYLVANIA, Respondent v. FREDDIE PULLIAM, JR., Petitioner. No. 431 WAL 2001.Supreme Court of Pennsylvania, Western District. November 20, 2001. No. 431 WAL 2001, Petition for Allowance of Appeal from the Superior Court. ORDER PER CURIAM: AND NOW, this 20th day of November, 2001, the Petition for Allowance of Appeal is […]
COM. v. JEFFERSON, 568 Pa. 620 (2001)
792 A.2d 1255 COMMONWEALTH OF PENNSYLVANIA, Petitioner v. PRICE JEFFERSON, Respondent. No. 697 MAL 2001.Supreme Court of Pennsylvania, Middle District. December 5, 2001. No. 697 MAL 2001. Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 5th day of December, 2001, the Petition for Allowance of […]
CACI v. DEPARTMENT OF PUBLIC WELFARE, 1074 MAL 2005 (Pa. 4-11-2006)
897 A.2d 1184 WILLIAM CACI, Petitioner v. DEPARTMENT OF PUBLIC WELFARE, Respondent. No. 1074 MAL 2005.Supreme Court of Pennsylvania, Middle District. April 11, 2006. No. 1074 MAL 2005, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM AND NOW, this 11th day of April 2006, the Petition for Allowance […]
IN RE DATER, 573 Pa. 62 (2003)
821 A.2d 581 IN THE MATTER OF ELLIOT JAMES DATER, PETITION FOR REINSTATEMENT FROM INACTIVE STATUS. Supreme Court of Pennsylvania. March 25, 2003. No. 120 DB 2002 (No. 3 RST 2003); Attorney Registration No. 51166, (Allegheny County). ORDER PER CURIAM: AND NOW, this 25th day of March, 2003, The Report and Recommendations of The Disciplinary […]
NEAMAND ESTATE, 456 Pa. 22 (1974)
318 A.2d 730 Neamand Estate. Supreme Court of Pennsylvania.Argued January 15, 1974 Decided April 23, 1974 Wills — Election to take against by surviving spouse — May retain benefits of clause directing payment of taxes — Tax clauses — Administrative direction rather than additional gift — Testator presumed to know of surviving spouse’s right to […]
IN RE FAMILY STYLE RESTAURANT, INC., 503 Pa. 109 (1983)
468 A.2d 1088 In re Application of the FAMILY STYLE RESTAURANT, INC. Appeal of the FAMILY STYLE RESTAURANT, INC. Supreme Court of Pennsylvania.Argued October 18, 1983. Decided December 23, 1983. Page 110 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 111 Appeal […]
IN THE MATTER OF GAVIN, 583 Pa. 33 (2005)
874 A.2d 1142 In the Matter of Francis X. GAVIN. No. 750 Disciplinary Docket No. 3.Supreme Court of Pennsylvania. April 27, 2005. ORDER PER CURIAM. AND NOW, this 27th day of April, 2005, Francis X. Gavin having been disbarred from the practice of law in the State of New Jersey by Order of the Supreme […]
PA. ASS’N OF LIFE UNDERWRITERS v. COM., ETC., 482 Pa. 330 (1978)
393 A.2d 1131 PENNSYLVANIA ASSOCIATION OF LIFE UNDERWRITERS, Roger B. Jacoby, Clu, Robert F. Seiler, Ernest M. Boll, Clu, James W. Shindler, George G. Pote, Clu, John D. Hopper, Clu and James A. Pellow, Clu, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF INSURANCE, William J. Sheppard, Insurance Commissioner. Supreme Court of Pennsylvania.Argued May 25, 1978. […]
COM. v. LANE, 499 Pa. 205 (1982)
452 A.2d 1011 COMMONWEALTH of Pennsylvania, Appellee, v. Carlton LANE, Appellant. Supreme Court of Pennsylvania.Submitted October 22, 1982. Decided December 10, 1982. Appeal No. 80-3-355, from the Judgements of Sentence imposed on March 21, 1980 in the Court of Common Pleas of Philadelphia County, at Nos. 2141, 2143, 2145, April Term, 1979; Albert F. Sabo, […]
LYNCH v. CHELTENHAM TWP., 434 Pa. 557 (1969)
252 A.2d 147 Lynch v. Cheltenham Township, Appellant. Supreme Court of Pennsylvania.January 20, 1969. April 23, 1969. Argued January 20, 1969. Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN, ROBERTS and POMEROY, JJ. Appeal, No. 112, Jan. T., 1969, from judgment of Court of Common Pleas of Montgomery County, No. 68-2805, in case of Francis […]
BUCKLAW v. COM., 591 Pa. 717 (2007)
919 A.2d 954 Bucklaw v. Com., Dept. of Transp Bureau of Driver Licensing. No. 830 MAL (2005).Supreme Court of Pennsylvania. March 12, 2007. Appeal from the Commonwealth Court Pa. Cmwlth., 882 A.2d 43. Dispositions of Petitions for Allowance of Appeals Denied.
BOTEK v. MINE SAFETY APPLIANCE CORP., 531 Pa. 160 (1992)
611 A.2d 1174 Anthony J. BOTEK, Appellant v. MINE SAFETY APPLIANCE CORP. a/k/a M.S.A. Earl Brooks Fire Equipment Supply and Duncott Hose Company, Appellees. Supreme Court of Pennsylvania.Argued: April 9, 1992. Decided: June 17, 1992. Appeal from the Court of Common Pleas, Schuylkill County, Civil Division, No. S-331-1984. Page 161 Ronald R. Pellish, Jacqueline L. […]
FREUND v. HYMAN, 377 Pa. 35 (1954)
103 A.2d 658 Freund, Appellant, v. Hyman. Supreme Court of Pennsylvania.Argued January 6, 1954. March 24, 1954. Negligence — Possessor of land — Condition — Adjacent sidewalk — Fall on sidewalk — Causation — Failure of proof. Where the plaintiff’s evidence showed that there was a slight difference in the elevation of two blocks on […]
COM. v. BERKOWITZ, 537 Pa. 143 (1994)
641 A.2d 1161 COMMONWEALTH of Pennsylvania, Appellant, v. Robert A. BERKOWITZ, Appellee. Supreme Court of Pennsylvania.Argued: May 5, 1993. Decided: May 27, 1994. Reargument Denied: July 5, 1994. Appeal from the Court of Common Pleas, Monroe County, Criminal No. 241-1988, Ronald E. Vican, J. Page 144 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
LEHNER v. SCHELLHASE ET AL., 341 Pa. 260 (1941)
19 A.2d 91 Lehner, Appellant, v. Schellhase et al. Supreme Court of Pennsylvania.January 27, 1941. March 24, 1941. Negligence — Automobiles — Contributory negligence — Through highways — Inattention — Motor Vehicle Code of May 1, 1929, P. L. 905. 1. Under sections 1014 and 1016 of the Act of May 1, 1929, P. L. […]
IN THE INTEREST OF M.R., 582 Pa. 711 (2005)
872 A.2d 171 IN THE INTEREST OF: M.R. PETITION OF: M.R. Supreme Court of Pennsylvania, Eastern District. April 20, 2005. No. 179 EAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 20th day of April, 2005, the Petition for Allowance of Appeal is DENIED.
TABUTEAU v. LONDON G. A. CO., LTD., 351 Pa. 183 (1944)
40 A.2d 396 Tabuteau v. London Guarantee Accident Company, Limited, Appellant. Supreme Court of Pennsylvania.November 27, 1944. January 2, 1945. Insurance — Accident — Injury — Causation — Evidence — Opinion — Expert — Necessity. Expert testimony is not necessary to establish that a death or injury was the result of an accident where the […]
IN RE A.P., 589 Pa. 281 (2006)
908 A.2d 284 In the Interest of A.P., A Minor, Appellant. No. 5 WAP 2006.Supreme Court of Pennsylvania.Submitted July 13, 2006. Decided October 24, 2006. Appeal No. 5 WAP 2006 from the Order of the Superior Court entered August 26, 2005 at No. 1882 WDA 2004, quashing the appeal from the Order of the Court […]
STAROVETSKY v. PENNA. R. R. CO., 328 Pa. 583 (1938)
195 A. 871 Starovetsky v. Pennsylvania Railroad Company, Appellant. Supreme Court of Pennsylvania.December 6, 1937. January 3, 1938. Negligence — Railroads — Contributory negligence — Needlessly crossing railroad tracks — Choice of ways. A person who, with knowledge of the existence of a convenient and safe crossing under railroad tracks, unnecessarily and voluntarily goes upon […]
ESTATE OF PHILLIPS v. FREY, 602 Pa. 678 (2009)
981 A.2d 219 ESTATE OF: LINWOOD B. PHILLIPS, JR., ALICE R. PHILLIPS v. ROBERT G. FREY. PETITION OF: KARL E. ROMINGER, ESQ. No. 41 MAL 2009.Supreme Court of Pennsylvania, Middle District. July 27, 2009. Appeal from the Superior Court, Pa.Super., 965 A.2d 308. Dispositions of Petitions for Allowance of Appeals Denied. Page 679
CAIN v. REDLICH, 310 Pa. 68 (1933)
164 A. 794 Cain v. Redlich et al. Supreme Court of Pennsylvania.October 3, 1932. January 9, 1933. Mechanic’s lien — Practice — Judgment for amount admitted to be due — Acts of June 4, 1901, P. L. 431; May 23, 1913, P. L. 307, and May 31, 1893, P. L. 185 — Clarity of admission. […]
SENICA v. SCHRIBER, 284 Pa. 377 (1925)
131 A. 366 Senica, Appellant, v. Schriber. Supreme Court of Pennsylvania.September 30, 1925. November 23, 1925. Negligence — Cellarway — Party-line fence — Removal of fence — Proximate cause — Knowledge of danger — Contributory negligence — Nonsuit. 1. In an action for personal injuries sustained by plaintiff in falling into a cellarway on defendant’s […]
COM. EX REL. CHAPMAN, v. MARONEY, 414 Pa. 76 (1964)
198 A.2d 548 Commonwealth ex rel. Chapman, Appellant, v. Maroney. Supreme Court of Pennsylvania.Submitted November 21, 1963. March 17, 1964. Criminal law — Murder — Constitutional law — Due process — Evidence — Admissibility — Confession — Preliminary hearing — Lack of counsel. 1. In these various appeals from a series of habeas corpus actions […]
COM. v. JONES, 530 Pa. 536 (1992)
610 A.2d 439 COMMONWEALTH of Pennsylvania, Appellee v. Tyrone JONES, Appellant. Supreme Court of Pennsylvania.Argued October 24, 1991. Decided May 19, 1992. The Court of Common Pleas, Philadelphia County, Criminal Division, Nos. 419 and 421, February Term 1984, Anderson, J. Page 537 John W. Packel, Chief, Appeals Div., Leonard N. Sosnov, Philadelphia, for appellant. Gaele […]
BROWNING v. JUMBERCA, INC., 572 Pa. 746 (2003)
816 A.2d 1101 ROBERT BROWNING AND KAREN BROWNING, Petitioners v. JUMBERCA (USA), INC. A/K/A ITM INTERNATIONAL AND VE/TEX, Respondent. No. 422 EAL 2002.Supreme Court of Pennsylvania, Eastern District. February 13, 2003. No. 422 EAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 13th day […]
OFFICE OF DISCIPLINARY COUNSEL v. GROSS, 549 Pa. 517 (1997)
701 A.2d 986 OFFICE OF DISCIPLINARY COUNSEL, Petitioner, v. Linda Marie GROSS, Respondent. No. 375 Disciplinary Docket No. 3.Supreme Court of Pennsylvania. October 27, 1997. ORDER PER CURIAM: AND NOW, this 27th day of October, 1997, there having been filed with this Court by Linda Marie Gross her verified Statement of Resignation dated September 25, […]
PURMAN ESTATE, 358 Pa. 187 (1948)
56 A.2d 86 Purman Estate. Supreme Court of Pennsylvania.November 24, 1947. January 5, 1948. Assignments — Legal — Equitable — Words and phrases — Definitions — Agreement to pay or appropriate — Letter of attorney — Attorney-at-law — Compensation — Jurisdiction of orphans’ court — Liens — Retaining — Charging — Restatement, Contracts. 1. A […]
COM. v. WHITE, 566 Pa. 642 (2001)
781 A.2d 143 COMMONWEALTH OF PENNSYLVANIA, Respondent v. MILTON EARL WHITE, Petitioner. No. 41 W.D. Alloc. Dkt. 2001.Supreme Court of Pennsylvania, Western District. June 26, 2001. No. 41 Western District Allocatur Docket, 2001; Petition for Allowance of Appeal from the Superior Court. ORDER PER CURIAM: AND NOW, this 26th day of June, 2001, the Petition […]
VALIMONT v. PENNSYLVANIA BD., 589 Pa. 735 (2006)
909 A.2d 307 Valimont v. Pennsylvania Bd. of Probation and Parole. No. 226 WAL (2006).Supreme Court of Pennsylvania. October 18, 2006. Appeal from the Commonwealth Court No. 595 CD 2006. Dispositions of Petitions for Allowance of Appeals Denied.
LANCASTER TRUST CO. v. ENGLE, 337 Pa. 176 (1940)
10 A.2d 381 Lancaster Trust Company, to use, v. Engle, Appellant. Supreme Court of Pennsylvania.December 4, 1939. January 2, 1940. Releases — Construction — Words of general application — Limitation by specific recital. Words of general application used in a release, which follow a specific recital of the subject-matter concerned, are not to be given […]
JESKO v. TURK, 421 Pa. 434 (1966)
219 A.2d 591 Jesko, Appellant, v. Turk. Supreme Court of Pennsylvania.March 18, 1966. May 24, 1966. Negligence — Possessors of land — Building contractors — Conditions — Trespassing children — Restatement 2d, Torts. 1. In this action of trespass in which it appeared that the 9 1/2 year old plaintiff was injured when, while climbing […]
BODINE v. BOYD ET AL., 383 Pa. 525 (1956)
119 A.2d 274 Bodine v. Boyd (et al., Appellant). Supreme Court of Pennsylvania.December 1, 1955. January 12, 1956. Appeals — Review — Refusing new trial — Automobile case. In this action in trespass in which it appeared that plaintiff while walking across the highway was struck by automobile A which had been struck in the […]
COM. v. BERNARD, 601 Pa. 686 (2009)
971 A.2d 491 Com. v. Bernard. No. 530 WAL 2008.Supreme Court of Pennsylvania. May 14, 2009. Appeal from the Superior Court Pa.Super., 964 A.2d 428. Dispositions of Petitions for Allowance of Appeals Denied.
KAZATSKY v. KING DAVID MEM. PARK, INC., 509 Pa. 452 (1985)
502 A.2d 1239 Harvey and Marsha KAZATSKY, h/w, Petitioners, v. KING DAVID MEMORIAL PARK, INC., Respondent. Supreme Court of Pennsylvania. December 30, 1985. Appeal No. 780 E.D. Allocatur Docket 1985, from Order of Superior Court entered May 31, 1985, No. 2857 Philadelphia Page 453 1984, 345 Pa. Super. 628, 469 A.2d 858 (1985), Affirming Order […]
IN RE MACK, 580 Pa. 19 (2004)
858 A.2d 1165 In the Matter of William C. MACK. Petition for Reinstatement from Inactive Status. No. 50 DB 2004.Supreme Court of Pennsylvania. September 28, 2004. ORDER PER CURIAM. AND NOW, this 28th day of September, 2004, The Report and Recommendations of The Disciplinary Board of the Supreme Court of Pennsylvania dated August 23, 2004, […]
PHILADELPHIA D. PROD. v. QUAKER CITY I. C. CO., 306 Pa. 164 (1932)
159 A. 3 Philadelphia Dairy Products v. Quaker City Ice Cream Co., Appellant. Supreme Court of Pennsylvania.November 30, 1931. January 5, 1932. Equity — Injunction — Unfair competition in trade — Ice cream — Containers, cabinets, etc. — Decree — Indefinite decree — Restriction on freedom of trade and competition — Fraud or misrepresentation — […]
COM. v. KLOSZEWSKI, 522 Pa. 148 (1989)
560 A.2d 145 COMMONWEALTH of Pennsylvania, Petitioner, v. John David KLOSZEWSKI, Respondent. Supreme Court of Pennsylvania. June 27, 1989. Petition No. 42 W.D. Alloc. Dkt. 1989 for Allowance of Appeal from the Order of the Superior Court entered December 15, 1988, at No. 63 Pittsburgh, 1988, vacating the Order of the Court of Common Pleas […]
MARTIN v. SAMSON, 598 Pa. 782 (2008)
959 A.2d 320 Martin v. Samson[7] . No. 29 WAL 2008.Supreme Court of Pennsylvania. September 12, 2008. [7] Justice TODD did not participate in the consideration or decision of this matter. Appeal from the Superior Court Pa.Super., 945 A.2d 779. Dispositions of Petitions for Allowance of Appeals. DENIED.
OFFICE OF DISCIPLINARY COUNSEL v. DORR, 570 Pa. 94 (2002)
808 A.2d 567 OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. STEPHEN M. DORR, Respondent. Supreme Court of Pennsylvania. October 10, 2002. No. 781 Disciplinary Docket No. 3, Disciplinary Board No. 117 DB 2002, Attorney Registration No. 48147 (Bucks County). ORDER PER CURIAM: AND NOW, this 10th day of October, 2002, there having been filed with this […]
SPAEDER v. WARREN, 589 Pa. 732 (2006)
909 A.2d 305 Spaeder v. Warren. No. 333 WAL (2006).Supreme Court of Pennsylvania. October 5, 2006. Appeal from the Superior Court Pa.Super., 902 A.2d 990. Dispositions of Petitions for Allowance of Appeals Denied.
MINNER v. PITTSBURGH ET AL., 363 Pa. 199 (1949)
69 A.2d 384 Minner v. Pittsburgh et al., Appellants. Supreme Court of Pennsylvania.September 30, 1949. November 14, 1949. Gifts — Devise of property — Acceptance — Burden of proof — Execution of deed for property. 1. Where a devise has no pecuniary value and its acceptance would impose financial obligations upon the devisee, one who […]
COM. v. FELTS, 601 Pa. 700 (2009)
973 A.2d 1005 Com. v. Felts. No. 45 EAL 2009.Supreme Court of Pennsylvania. June 10, 2009. Appeal from the Superior Court Pa.Super., 965 A.2d 293. Dispositions of Petitions for Allowance of Appeals Denied. Justice GREENSPAN did not participate in the consideration or decision of this matter.
HARLEYSVILLE M. I. CO. v. PHILA. TRANS. CO., 435 Pa. 316 (1969)
255 A.2d 516 Harleysville Mutual Insurance Company, Appellant, v. Philadelphia Transportation Company. Supreme Court of Pennsylvania.November 15, 1968. June 27, 1969. Practice — Judgments — Declaratory — Discretion of court below — Insured party injured while riding in common carrier struck by uninsured motorist — Trespass action by injured party — Demand by injured party […]
ELIA v. W.C.A.B., 570 Pa. 701 (2002)
809 A.2d 906 F. RICHARD ELIA, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (QUANTUM EPITAXIAL DESIGNS, INC.), Respondent. No. 431 MAL 2002.Supreme Court of Pennsylvania, Middle District. October 29, 2002. No. 431 MAL 2002, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 29th day of October […]
IN RE J. F., 487 Pa. 115 (1979)
408 A.2d 1382 In re In the Matter of J. F., a Minor. Appeal of CHILDREN AND YOUTH SERVICES AGENCY OF the COUNTY OF DELAWARE. Supreme Court of Pennsylvania.Submitted October 11, 1979. Decided December 21, 1979. Appeal from the Court of Common Pleas, Delaware County, Orphans’ Court Division, at No. 151 of 1978, Joseph DeFuria, […]
COM. v. ROBINSON, 575 Pa. 500 (2003)
837 A.2d 1157 COMMONWEALTH OF PENNSYLVANIA, Appellant v. MICHAEL ROBINSON, Appellee. Supreme Court of Pennsylvania, Eastern District.Submitted: July 16, 2002. Decided: October 22, 2003. Reargument Denied: December 4, 2003. No. 4 EAP 2002, Appeal from the Judgment of the Superior Court entered July 17, 2001 at 1308 EDA 2000, affirming the Order of the Court […]
COM. v. ROLON, 578 Pa. 688 (2004)
849 A.2d 1204 COM. v. ROLON. No. 18 EAL (2004).Supreme Court of Pennsylvania. May 18, 2004. Appeal from the Superior Court, Pa.Super., 844 A.2d 1288. Disposition of Petition for Allowance of Appeal DENIED.
COMMONWEALTH v. SMITH, 582 Pa. 674 (2005)
868 A.2d 1196 COMMONWEALTH OF PENNSYLVANIA, Respondent v. RAHEEM SMITH, Petitioner. Supreme Court of Pennsylvania, Eastern District. January 20, 2005. No. 504 EAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 20th day of January 2005, the Petition for Allowance of Appeal is hereby […]
COMMONWEALTH v. CORBIN, 432 Pa. 551 (1968)
247 A.2d 584 Commonwealth v. Corbin, Appellant. Supreme Court of Pennsylvania.March 12, 1968. November 12, 1968. Criminal Law — Practice — Charge to jury — Murder case — Voluntary manslaughter — Absence of evidence of provocation or anger or legal passion — Alibi — Evidence — Discretion of trial judge. 1. In a prosecution for […]
KISTHARDT, TO USE v. BETTS ET AL., 321 Pa. 270 (1936)
183 A. 923 Kisthardt, to use, Appellants, v. Betts et al. Supreme Court of Pennsylvania.January 30, 1936. March 23, 1936. Set-off — Judgments — Principles of equity — Judgments founded on contract — Assignment in consideration of costs — Fees and expenses of attorney — Set-off asserted after entry of judgment. 1. The set-off of […]
BOTERA v. W.C.A.B. (SWIF AND DEVELPO), 573 Pa. 686 (2003)
823 A.2d 145 NICHOLAS J. BOTERA, JR., Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (SWIF AND DEVELPO, INC.), Respondents. No. 649 MAL 2002.Supreme Court of Pennsylvania, Middle District. May 22, 2003. No. 649 MAL 2002, Petition for Allowance of Appeal from the Order of the Commonwealth Court. ORDER PER CURIAM: AND NOW, this 22nd day of […]