Case law

Beneficial Consumer Discount Co. v. Vukman

621 Pa. 192 · Supreme Court of Pennsylvania · Sep 25, 2013

This notice shall be in plain language and specifically state that the recipient of the notice may qualify for financial assistance under the Homeowner’s Emergency Mortgage Assistance Program. … Section 401-C of Act 91 provides, in relevant part: *554 (b) The [PHFA] shall carry out the program established by this article.

Public Defender's Office v. Venango County Court of Common Pleas

586 Pa. 317 · Supreme Court of Pennsylvania · Mar 24, 2006

[W]e [have] summarized the mootness doctrine as follows: The cases presenting mootness problems involve litigants who clearly had standing to sue at the outset of the litigation. … Of those attorneys, the court determined that approximately ten were qualified to defend against a felony-level charge.

Stone v. Delaware, Lackawanna & Western Railroad

257 Pa. 456 · Supreme Court of Pennsylvania · Apr 16, 1917

Except as he have such knowledge he is not qualified to testify; the greater that knowledge the better is he qualified to speak, and the greater the weight of his opinion. … If we concede that it would not have been competent evidence in chief on the part of plaintiffs, the defendant having brought it out, the plaintiffs were clearly entitled to follow it up by the questions referred to.”

Pennsylvania Liquor Control Board v. Richard E. Craft American Legion Home Corp.

553 Pa. 99 · Supreme Court of Pennsylvania · Sep 30, 1998

We conclude that this is a clearly erroneous reading of the statute in question. … I note that, among the powers granted to the American Legion, is the power "to establish State and Territorial organizations and local chapter or post organizations...." 36 U.S.C. § 44 . [3] This restriction is in accordance

Philadelphia & Reading Railroad v. Obert

109 Pa. 193 · Supreme Court of Pennsylvania · Oct 5, 1885

Assuming that a railroad is in a qualified sense a public highway, held under the Commonwealth’s right of eminent domain, under the charter, and that title to the lands covered by the location as against the company could … established.

Pa. State Spirit. Assn. v. 1st Ch. of SR & H.

430 Pa. 527 · Supreme Court of Pennsylvania · Jul 1, 1968

In addition, Section 3 of said Constitution provides: "No modification of the form of organization, or manner of conducting business on the part of existing societies and organizations shall be required to qualify them for … These provisions clearly manifest the absence of any intent on the part of the founders of the National Association to set up a central ruling church body which would control and direct the operations of its members and dictate

List Adoption Case

418 Pa. 503 · Supreme Court of Pennsylvania · Jun 30, 1965

We cannot see the force of this argument when the Act clearly says that it can be done for 'any reason the Court or Judge deem’ a proper one. … The record clearly indicates that, although there was some discussion of an adoption on a temporary basis, the natural mother, prior to her execution of the written consent, was clearly instructed that the adoption would

Hospital Utilization Project v. Commonwealth

507 Pa. 1 · Supreme Court of Pennsylvania · Feb 13, 1985

Hence, we begin our analysis by recognizing that regardless whether HUP qualifies as a “charitable organization” under Section 204, as defined by the Pennsylvania Code, 61 Pa.Code § 32.1, supra, it must first qualify under … HUP also has not established that the government currently performs this function in areas outside of its geographic scope.

Bethlehem Steel Co. v. Board of Finance & Revenue

431 Pa. 1 · Supreme Court of Pennsylvania · Aug 6, 1968

five-year limitation period of §503(a) (4). *9 The Two Year Limitation Period Bethlehem does not claim that it should receive refunds of all the taxes but only a material part of such taxes if it be held that it cannot qualify … Such payment and the settlement of taxes antedated the two year period of the statute and Bethlehem’s petitions for refunds clearly were not filed within the two year period.

Lookenbill v. Garrett

340 Pa. Super. 435 · Supreme Court of Pennsylvania · Mar 22, 1985

Section 511 establishes requirements that an applicant must meet in order to qualify for a broker’s license. 63 P.S. § 455.511. … Section 455.513 of the 1980 Act clearly contemplates the possibility of a partnership in which not all partners are licensed brokers.

Commonwealth v. Fulton

318 Pa. Super. 470 · Supreme Court of Pennsylvania · Jul 22, 1983

Defense counsel was clearly aware of the situation; and as we found above, counsel could have explored the situation. Thus we must determine whether counsel was effective. … under any misapprehension as to Smickley's interest, possible bias or prejudice or that his testimony may have been given with expectation of immunity, clemency or leniency.

Election Cases

65 Pa. 20 · Supreme Court of Pennsylvania · Jan 29, 1870

The petition came from the requisite number of qualified voters, was presented in due time, and its truth was sworn to by two of their number. … The power to establish rules for all cases embraces the power to make a rule in the particular case. Omne majus continet in se minus.

Stein Enterprises, Inc. v. Golla

493 Pa. 502 · Supreme Court of Pennsylvania · Mar 13, 1981

Without selling his automobile, appellant is clearly unable to pay the costs of an appeal. According to the findings of the lower court, appellant has only $10.78 left at the end of each month. … total destitution in order to qualify for in forma pauperis relief, although he may be required to establish more than that payment of the filing fee would be burdensome or inconvenient.”); Lancer v.

Commonwealth v. Gamble

62 Pa. 343 · Supreme Court of Pennsylvania · Oct 19, 1869

We must regard this ás a clearly established principle of our Constitution. … by the qualified electors of the Commonwealth in manner following:” — Amendment of 1850.

Department of Public Welfare v. Devereux Hospital Texas Treatment Network (K.C.)

579 Pa. 313 · Supreme Court of Pennsylvania · Aug 19, 2004

Moreover, the Hearing Officer below clearly found that there was no additional documentation sufficient to establish that in-state options had been exhausted, and Devereux did not argue to the Commonwealth Court and does … s and H.B.’s needs is sufficient to establish that it considered all potential in-state options.

Swords v. Harleysville Insurance Companies

584 Pa. 382 · Supreme Court of Pennsylvania · Sep 29, 2005

Appellants specifically contended that as a result of the accident, Son incurred medical and other expenses that qualify as first-party benefits under the MVFRL. … As we stated in Henrich , however, we will not attribute “harsh motives to the legislature unless they were clearly spelled out.” Henrich, 620 A.2d at 1124 .

Commonwealth v. Bennett

471 Pa. 419 · Supreme Court of Pennsylvania · Feb 28, 1977

The officer clearly was not a neophyte with firearms, and could be expected to have first hand knowledge concerning the firing of a weapon and its consequences in the appearance of the gun. … Although the sufficiency of the evidence is not challenged on this appeal, our review of the evidence convinces us that the Commonwealth established beyond a reasonable doubt that James Bennett shot and killed one Calvin

Tonkovic v. State Farm Mutual Automobile Insurance

513 Pa. 445 · Supreme Court of Pennsylvania · Mar 2, 1987

We agree with Appellant that Venetian Blind is clearly distin *451 guishable on its facts from the instant case. … that the insured was aware of the exclusion or limitation and that the effect thereof was explained to him. 230 Pa.Super.Ct. at 517 , 327 A.2d at 365 , we qualified our decision by stating: Although on this record we reject

Commonwealth v. Simmons

388 Pa. Super. 271 · Supreme Court of Pennsylvania · Oct 27, 1989

The Court held that in order to prevail on this claim, the defendant has the initial burden of establishing a prima facie case of racial discrimination. … Appellant claims only that his selection for the program was “arbitrary”, and he relies on the fact that he would not have qualified for the Career Criminal Program under a set of internal guidelines established by the Philadelphia

Commonwealth v. Frey

512 Pa. 557 · Supreme Court of Pennsylvania · Nov 18, 1986

Appellant has failed to establish that the information contained in Zehring’s statement was unavailable to him at trial. … Thus appellant is still faced with the fact that the proffered testimony of Zehring does *567 not qualify as after-discovered evidence for the reasons previously stated.